Loading...
10-28-2008 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 28, 2008 The Clermont City Council met in a regular meeting on Tuesday, October 28, 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, City Clerk Ackroyd and Assistant City Manager Gray. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. Mayor Turville presented City Manager Wayne Saunders with a plaque in recognition of 30 years of leadership in public service from the International City Managers Association (ICMA). MINUTES Council meeting minutes of October 14, 2008. Council Member Goodgame moved approval of the October 14 2008 minutes• seconded by Council Member Mullins. The motion passed with all members present voting "ate PUBLIC COMMENTS Cuqui Whitehead, 837 5`h Street, invited everyone to attend the Kiwanis meeting at Sanctuary Ridge on Thursday. Damu Cherry, Olympian, will be the guest speaker. Jim Purvis, 4206 Hammersmith Drive, congratulated Mr. Saunders. He thanked Council and staff for resolving the issues between the City and the Fire Department regarding the fire contract. A tractor trailer has been parking at the Sunoco gas station; he requested Council pass an ordinance to remedy illegal use of commercial property. He invited everyone to the Lions Club Turkey Shoot on November 22. Fred Sommer commented on the success of the 18"' Annual Great Floridian Triathlon held last Saturday. He thanked the City for their support and the Public Services staff for keeping it clean. Cuqui Whitehead, 837 5`h Street, expressed appreciation for the signal light delay at Highway 50 and 5"' Street. The delay has helped to make the intersection safer. PROCLAMATION Mayor Turville read the proclamation aloud declaring National American Indian Heritage Month. REPORTS City Manager Saunders scheduled a Council workshop to hear presentations from the architects chosen for the pavilion project on Thursday, November 13 at 6:15pm. City Attorney Mantzaris - No Report Council Member Hogan commented on the success of the Farmers Market 1 year anniversary on Sunday. City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 28, 2008 Council Member Goodgame reported on the South Lake Historical Society Kern House dedication ceremony set for November 16. The Kern House is located at the end of West Avenue. Lunch will be served from 11:30am to 2:OOpm. The cost is $6.00 per person with the ceremony beginning at 1:30pm. There will be a Veterans Day ceremony held at Veterans Park at Crystal Lake at 11:OOam. Council Member Mullins thanked all who contributed toward the Junior Achievement bowl-a-thou held last Friday night. He noted the South Lake Chamber of Commerce received national recognition and was rated number 1 based on new membership. There will be 500 trick or treaters in downtown this Friday. Council Member Berlinsky congratulated the Chamber and Meredith Nagel as the Chamber Chairperson. Mayor Turville encouraged citizens to visit the Kern House. 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 -Plat Approval Item No. 2 -Change Order No. 1 Clermont Crossing, a commercial subdivision Request approval of Change Order #1 for the Lift Station Telemetry Project to Santis Engineering in the amount of $28,250 Item No. 3 -Contract Approval Item No. 4 -Contract Approval Item No. 5 -Purchase Approval Item No. 6 -Contract Approval Item No. 7 -Agreement Approval Item No. 8 -Policy Approval Request extension of contract for Sanitary Structure Rehabilitation -Utilities Department Request authorization to piggyback the City of Tampa's Electric Motor Repair Contract Request of sole source purchase from Dave Symonds Inc., for Aqua Mag. Request approval of the Florida Communities Trust, Inland Groves, Phase II grant contract Approval of the Collective Bargaining Agreement with the International Association of Firefighters, AFL-CIO, Clermont Professional Firefighters, Loca14350 Approval of the City of Clermont Identity Theft Prevention Program Council Member Hogan pulled item 7 from the consent agenda. Council Member Mullins moved for approval of the consent agenda items 1 2 3 4 5 6 and 8; seconded by Council Member Good~ame. The motion passed with all members present voting "ate". 2 City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 28, 2008 Council Member Hogan noted this has been an ongoing negotiation. City Manager Saunders thanked staff and the Fire Department representatives as they have been working together for several months. The Fire Department has approved the contract. It is a good contract for the city and the firefighters. Lee Drew, Fire Department, thanked the City Council and staff and stated the Fire Department will continue to work hard for the citizens of the city. Council Member Hogan moved to approve the contract; seconded by Council Member Goodgame. The motion passed with all members present voting "aye". UNFINISHED BUSINESS The next two items were heard concurrently as they are related. Ordinance No. 604-M Final Hearing Mayor Turville read Ordinance 604-M aloud by title only. An Ordinance of the City of Clermont, Florida, adopting the Small Scale Comprehensive Plan amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes; setting forth the authority for adoption of the Small Scale Comprehensive Plan amendment; setting forth the purpose and intent of the Small Scale Comprehensive Plan amendment; providing for the adoption of the Small Scale Comprehensive Plan amendment; establishing the legal status of the Small Scale Comprehensive Plan amendment; providing a severability clause; and providing an effective date. Barbara Hollerand, Planner, presented the ordinance for asmall-scale comprehensive plan amendment for Clermont Florist. The property location is 487 W. Highway 50. The property owner is James M. Johnson, and the applicant is Joseph Franklin Smith, III, president of Clermont Florist. The request is to change the Future Land Use on the approximately .21-acre property from Non-Established District 3 (NED-3) Residential/Professional to NED-3 Commercial. It has C-1 light commercial zoning. The applicant is proposing to relocate his existing florist shop to this location. Currently, a dilapidated boarding house exists on the site. The applicant and his engineer are preparing plans for improvements to the building and site, which will be reviewed by City staff in site review. This property qualifies for the small-scale comprehensive plan amendment process and will not be reviewed by the Florida Department of Community Affairs or the reviewing agencies. It will be final 31 days after adoption. No text changes to the comprehensive plan are necessary for this use. Currently, there is commercial future land use to the north of the parcel, South Lake Truck Sales, and to the west, Cabbage Patch. To the south and east, the future land use is residential/professional. The zoning of all neighboring properties is also C-1. This area of the City has been in transition for several years. Asmall-scale comprehensive plan amendment that included the Cabbage Patch property was approved in 1998, and a second small-scale amendment for a property on the southeast corner of S.R. 50 and Fourth Street was approved in 2001. These two properties were granted an identical change from Residential/Professional to Commercial in NED-3. More recently, in August 2007, the Jones property on the southwest corner of S.R. 50 and Lake Avenue was granted a change from Residential/Professional to Commercial, as well as a text change to NED-3 to allow automotive and truck repair service at that location. Changes to commercial future land use for residential/professional properties along the south side of 50 are appropriate, provided that site design adequately addresses the protection of residential neighborhoods to the south. City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 28, 2008 A low-impact retail use with C-1 zoning is an appropriate use for this location. Staff received a letter in support of this change from South Lake Truck Sales, which is on the north side of S.R. 50, across from the property. The Planning and Zoning Board and staff recommended approval of the change. NEW BUSINESS Variance Request -Clermont Florist Planning Director Hitt presented the variance request for the proposed redevelopment of an existing boarding house. The proposed use will convert the dilapidated boarding house to a retail business. In order to develop the proposed site plan, seven variances will need to be obtained. The variances are: parking space reduction; terminal landscape island; interior 10-foot landscape buffer; arterial road 20-foot landscape buffer; local road 15-foot landscape buffer; building setback and loading area. The variances requested are the minimum needed for the redevelopment of the site and are equal to or improve the existing conditions. Staff recommended approval. Meredith Nagel, P.A., was present on behalf of the applicant. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, expressed concern with the landscaping variance along Hwy. 50. Cuqui Whitehead spoke in favor of the request stating this will improve the neighborhood. Aaron Nickerson, 4721 Barbados, suggested the landscaping be kept below a certain level. Mayor Turville closed the public hearing. Mayor Turville stated the issue with the elevation of the landscape buffer can be resolved in site review. Council Member Goodgame moved for adoption of Ordinance 604-M as written• seconded by Council Member Berlinsky. The motion passed 5 to 0 on a roll call vote Council Member Goodgame moved for acceptance of the variance request• seconded by Council Member Mullins. The motion passed with all members present votinL~"a_ye„ Variance Request -Hammerton Curt Henschel, Planner, reported on the variance request located at 205 Hatteras Avenue. The applicant proposed to open a restaurant in a retail building located within the Clermont Commons Industrial Center. Half of the building is being used as a day spa and the remaining half has been vacant. The applicant requested a variance for a total reduction of 19 parking spaces. When the parking calculations are determined for a restaurant, the ratio is higher than a standard retail store. The retail gross floor area required 15 parking spaces, and the proposed restaurant requires 34 parking spaces. In this case, the proposed patron use area within the restaurant will require 19 additional spaces than was originally accounted for. Staff was not comfortable with over half of the required parking spaces not being accounted for. Therefore, staff recommended denial of the variance. The applicant, Michelle Hammerton, was present. She displayed a new plan of the internal layout. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 28, 2008 Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5"' Street, opposed the request. Mayor Turville closed the public hearing. City Manager Saunders noted the document displayed is different than the information staff's recommendations were based on. Mayor Turville suggested the Council continue the request to allow staff time to review. Council Member Goodgame moved to postpone to the November 12 meeting• seconded by Council Member Mullins The motion passed with all members present voting aye" The next two items were heard concurrently as they are related. Resolution No. 1598 Mayor Turville read Resolution 1598 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 church facility in the R-3 Residential/Professional Zoning District. Variance Request -Immanuel Temple Mr. Henschel, Planner, presented the request for a Conditional Use Permit (CUP) to operate a church in the R-3 zoning district. The applicant intends to renovate and convert a vacant building into a church. This request has been approved 4 times by the City, in 1998, 2000, 2003, and 2004. Various reasons such as land acquisition, and parking constraints kept the church from development. This applicant has now redesigned the site plan and has designed a plan to utilize off-site parking. The off-site parking will be on a lot the church owns and is located a few lots from the proposed church. The applicant also requested variances for development which include a reduction of landscape buffer widths and off-site grass parking. Staff recommended approval of the CUP and the variances. The applicant was present, Pastor Daryl Forehand, requesting approval. He noted this building has been an eyesore and would like to renovate as a benefit to the community. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5"' Street, supported the request. Judy Proli, 1020 Everest Street, suggested a completion date and voiced concern about grass parking. Jim Purvis, 4206 Hammersmith Drive, expressed concern with the off-site parking request and questioned handicapped parking. Also, he does not believe this is compatible to a residential neighborhood with having a grass parking lot. This property has had code enforcement issues with accruing fines. Gladys Carthon, 791 E. Montrose Street, requested a time limit be in place to complete the project City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 28, 2008 Michelle Hammerton suggested natural parking. Mayor Turville closed the public hearing. Council Member Berlinsky recommended approval. Council Member Mullins was in favor of the project stating neighborhoods are a good place for a church. Council Member Goodgame recommended the variance expiration coincide with the application for the building and spoke in favor of the request. City Attorney Mantzaris replied there is language in the CUP consistent with the variance. It was added as part of the solution to the code enforcement issue however needs to be done as quickly as possible. Mr. Henschel, Planner, confirmed the timeline is currently in the CUP. Council Member Goodgame moved adoption of Resolution 1598• seconded by Council Member Mullins. The motion passed with all members present voting "aye„ Council Member Mullins moved to grant the variance requests• seconded by Council Member Berlinsky. The motion passed with all members present voting "aye" Variance Request - Foxchase The item was withdrawn from the agenda. Ordinance No. 608-M Introduction Mayor Turville read Ordinance 608-M aloud by title only. An Ordinance of the City of Clermont, Florida, amending the Comprehensive Plan for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes by adopting text changes to the Goals, Objectives and Policies of the Future Land Use, Transportation, Intergovernmental Coordination and Capital Improvements Elements of the Comprehensive Plan; setting forth the authority for adoption of the Comprehensive Plan Amendments; setting forth the purpose and intent of the Comprehensive Plan Amendments; establishing the legal status of the Comprehensive Plan Amendments; providing for severability, conflict and an effective date. Council Member Mullins moved for introduction of Ordinance 608-M• seconded by Council Member Goodgame. The motion passed with all members present voting. "aye" Ordinance No. 609-M Introduction Mayor Turville read Ordinance 609-M aloud by title only. City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 28, 2008 An Ordinance of the City of Clermont, Florida, amending the Comprehensive Plan for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes by adopting text changes to the Goals, Objectives and Policies of the Intergovernmental Coordination and Capital Improvements Elements of the Comprehensive Plan; adopting the Public Schools Facilities Element; setting forth the authority for adoption of the Comprehensive Plan Amendments; setting forth the purpose and intent of the Comprehensive Plan Amendments; establishing the legal status of the Comprehensive Plan Amendments; providing for severability, conflict and an effective date. Council Member Mullins moved for introduction of Ordinance 609-M• seconded by Council Member Goodgame. The motion passed with all members present voting"a, Ordinance No. 610-M Introduction Mayor Turville read Ordinance 610-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 Pro of FL 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 for introduction of Ordinance 610-M• seconded by Council Member Goodgame. The motion passed with all members present voting "aye". Ordinance No. 611-M Introduction Mayor Turville read Ordinance 611-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 David Littiken Plumbing, 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 for introduction of Ordinance 611-M• seconded by Council Member Good~ame The motion passed with all members present voting "aye" ADJOURN: With no further comments, this meeting was adjourned at 8:43pm. ... " ` ~ ~ APPROVE ~~ _- Harold . Turville, Mayor ATT#~ST: 4~ /~, n~ R i~ ~. Tracy'Ackroyd, City Clerk