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11-25-2008 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING November 25, 2008 The Clermont City Council met in a regular meeting on Tuesday, November 25, 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 Thompson. Other 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. PUBLIC COMMENTS There were no public comments. REPORTS City Manager Saunders reported on quotes received for a boundary and topographical survey of the Historic Village. Rhoden Land Surveying in the amount of $4,800.00 was the lowest quote. Council Member Goodgame moved for approval of the boundary and toRographical survey; seconded by Council Member Mullins The motion passed with all members present voting "aYe". A Council workshop was scheduled for Wednesday, December 17,2008 at 6pm City Attorney Mantzaris - No Report Council Member Hogan commented Dr. Dot Richardson's program was heavily attended and requested a letter of congratulations be sent. Council Member Goodgame reported Chief Bishop received a request from San Francisco regarding the Lock Box program and commended Chief on the program. Tourism tax was down 23 percent. Council Member Goodgame commented quite a few businesses would be closed on Friday, December 26. Council Member Goodgame moved to provide employees an additional personal day, allowing for police and fire personnel to have sixty days to use the additional day; seconded by Council Member Hogan. Mayor Turville commented on a prior survey having been done and the City providing a personal day as a floating holiday. He did not see a reason to provide an additional day and inquired what this would cost the City. City Manager Saunders stated overtime would be involved for Police and Fire, but did not have an exact amount. Council Member Thompson expressed concern about not having enough information on the cost or the number of employees who have already used their time. Council Member Hogan commented on the current budget and not enough information on the cost. Council Member Mullins inquired if employees were able to take the day off without pay. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING November 25, 2008 City Manager Saunders stated they could at the discretion of the Department Head. The motion failed 4 to 1. Council Member Mullins reported he would become President of the League of Cities for the upcoming year. Council Member Thompson wished everyone a safe holiday and Happy Thanksgiving. 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 -Event Approval South Lake Plaza -James Hurtak Item No. 2 -Purchase Approval Utilities Department Item No. 3 -Contract Approval Utilities Department Item No. 4 -Budget Amendment Fire Department Item No. 5 -Resolution No. 1600 Request for an Open Air Sales & Tent Permit for a Holiday Festival, December 13 from loam to 4pm, 656 E Highway 50 (Winn-Dixie Shopping Plaza) Request of a sole source purchase from HD Supply Waterworks for Sensus water meters Request extension of contract with Reynolds Inliner, LLC for Trenchless Sewer System Request approval of amendment to Fire Department Budget in the amount of $5,544.00 to relocate generator at Fire Station 2 Amend 2007-2008 Fiscal Year Budget Erik Strange requested item number four be pulled. Council Member Goodgame requested item number five be pulled. Council Member Goodgame moved to approve consent agenda items one throu h three; seconded by Council Member Mullins The motion passed with all members present votins "aye". City Manager Saunders explained item number four was to approve the lowest bid to relocate the generator at Fire Station 2. Erik Strange, 1518 Pier Street, requested clarification on the reason for relocating the generator. Mayor Turville stated the current location was a code violation. Council Member Goodgame moved ~proval of item number four seconded by Council Member Hoean. The motion passed with all members present voting "aye" City of Clerircont MINUTES REGULAR COUNCIL MEETING November 25, 2008 Council Member Goodgame commented on pulling item number five due to the budget showing a positive figure and applauded the good job City Manager Saunders and staff has done. Council Member Hogan moved approval of item number five; seconded by Council Member Goodgame The motion~assed with all members present voting "aye". UNFINISHED BUSINESS Ordinance No. 362-C-Final Hearing Mayor Turville read Ordinance 362-C aloud by title only. An Ordinance adopting and enacting a new code for the City of Clermont, Florida; providing for the repeal of certain ordinances not included therein; providing a penalty for the violation thereof; providing for the manner of amending such code; and providing when such code and this ordinance shall become effective. City Manager Saunders provided information on updating the City Code of Ordinances. Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing. Council Member Mullins moved acceptance of Ordinance 362-C• seconded by Council Member Goodgame The motion passed 5 to 0 on a roll call vote with all members present voting "aye". Ordinance No. 363-C -Final Hearing Mayor Turville read Ordinance 363-C aloud by title only. An Ordinance of the City of Clermont amending Chapter 22, "Cemeteries", of the City Code by amending Section 22-6, "Records of Ownership" renaming the section "Restriction on Transfer and Conveyance; Records of Ownership" and creating a new Section 22-6 (1) providing that no owner of a lot or burial space shall transfer or convey same without the consent of the City; that the City shall have the right to pay no more than the original price of the lot or burial space; and renumbering the balance of Section 22-6; providing for severability, conflict, effective date and codification. City Manager Saunders stated this would require cemetery space owners to go through the City to buy back lots when a space will no longer be used. He suggested adding the words "burial space" to section 22-6, number one, to avoid confusion. Mayor Turville commented on Council desire to prevent our cemetery spaces from becoming a marketable item for individuals to make money. Mayor Turville opened the public hearing. There was no public comment. Mayor Turville closed the public hearing. Council Member Goodgame inquired if someone could allow another person to be interred in their lot or do we restrict who can be buried in their lot. City of Clermont MINUTES REGULAR COUNCIL MEETING November 25, 2008 City Attorney Mantzaris replied there was a provision allowing the owner of the lot to direct who is buried in the lot. Council Member Goodgame requested a workshop on the rules and regulations. City Manager Saunders commented the rules and regulations will be reviewed and brought to Council. Council Member Thompson inquired how available family plot spaces were handled after the owners were deceased. City Manager Saunders replied the deed states the heirs receive the lots. Council Member Mullins inquired if the City requires an outside inheritor of spaces purchased by a City resident to pay the difference. City Manager Saunders stated they do not. Council Member Goodgame moved to adopt Ordinance 363-C as amended by City Manager Saunders; 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 No. 1599 - Pawfection Connection Mayor Turville read Resolution 1599 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 pet salon with overnight pet care services in the C-2 General Commercial Zoning District. Planner Curt Henschel presented the Conditional Use Permit for a pet salon with overnight pet care services located at 179 North Highway 27. Staff recommendation is for approval. John Blanton, applicant, 18254 East Apshawa Road, stated the facility would have a large salon, nice lobby, 30 kennels with space for cats and a 1600 square foot warehouse "relief room" without air conditioning. Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing. Council Member Mullins inquired if the kennel would be air conditioned. John Blanton stated it would be air conditioned, but the warehouse "relief room" would only be ventilated. It is a new trend using chemicals and sanitizers. Council Member Goodgame moved to accept Resolution 1599• seconded by Council Member Mullins. The motion passed with all members present voting"aye" 4 City of Clermont MINUTES REGULAR COUNCIL MEETING November 25, 2008 Variance Request -Clermont Land Development Curt Henschel, Planner, presented the variance requests. The first request was to allow fora 2 to 1 maximum side slope for the stormwater retaining area, rather than the maximum 3 to 1 slope as required by Code. The second request was to allow for no landscape plantings on the east and southwest sides, rather than trees and shrubs, as required by Code. Staff recommendation was for approval. John Olinger, McGill Property Group, commented the property has been attempting to meet all the constraints and these are the two remaining items. Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing. Mayor Turville inquired if the floor elevation was above or below the floodplain. John Olinger stated it was above the floodplain. Mayor Turville inquired how many feet from Hook Street before the 2 to 1 slope began. Mr. Olinger responded the 2 tol slope would begin after twenty feet. City Manager Saunders stated it was outside of the right-of-way and would require fencing. Council Member Goodgame moved to accept the variance request; seconded by Council Member Mullins. The motion passed with all members present voting "aye". Waterfront Park Pavilion City Manager Saunders stated Council heard presentations from the top three firms for the Waterfront Pavilion project at the recent workshop. Council will need to rank the firms and staff will begin contract negotiations with the top ranked firm and bring back a contract to City Council. Council Member Mullins moved to rank the firms Gatorsktch Architects, A.D. Hetzler Architects, and IBI Group; seconded by Council Member Hogan. The motion passed with all members present votin~~. ADJOURN: With no further comments, this meeting was adjourned at 7:57 pm. APPROVED: ATTEST:; .:-,- / %~, Tracy Ackroyd, City Clerk d . Tu i le, Mayor 5