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05-12-2009 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING MAY 12, 2009 The Clermont City Council met in a regular meeting on Tuesday, May 12, 2009 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, City Clerk Ackroyd and Assistant City Manager Gray. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of April 14, 2009. Council Member Goodgame moved for approval of the minutes of April 14, 2009 as written• seconded by Council Member Mullins. The motion passed with all members present voting "aye" PUBLIC COMMENTS Cuqui Whitehead, 837 5"' Street, thanked those who attended the Kiwanis Prayer Breakfast on May 7, 2009. She expressed concern with Homeowner Associations giving fines to residents who are trying to follow the water restrictions. Council Member Thompson commented on a recently passed Senate Bill that places St. Johns River Water Management restrictions above covenant restrictions and allows for Florida friendly landscaping. REPORTS City Manager Saunders scheduled a Council workshop on Thursday, May 21 at 6pm. City Attorney Mantzaris - No report Council Member Hogan - No report Council Member Mullins attended the League of Cities meeting last Friday. All of the cities agreed to sign the letter regarding St. Johns River Water Management District and it has been sent to the Governor's office. Council Member Thompson expressed concern with a proposed Senate Bill that will be restructuring the way the St. Johns River Water Management District operates. The Executive Director will have final rights for approval. Council Member Goodgame asked City Engineer Richardson to check on it. Mr. Thompson also noted The Early Learning Coalition of Lake County received a grant from Washington for $380,000 to subsidize child care for an additional 200 children. Council Member Goodgame commented on the Department of Transportation (DOT) holding a meeting today at the Lutheran Church regarding the widening of Highway 27 from Cluster Oaks Drive to the Lake Louisa red light. City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 12, 2009 Mayor Turville received an offer to provide flowers to the City at no cost at the northeast entrance around the Lake. The flowers will be donated and installation handled by professionals. Council Member Mullins questioned whether irrigation is available. City Manager Saunders will find out if the irrigation is functional in the area. 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 -Purchase Approval Request authorization to partner with the South Lake Chamber of Commerce for one half of the cost of $800 ($400 each) for rehabbing their portable stage Item No. 2 -Purchase Approval Police Dept. request authorization for the purchase of a virtual private network to accommodate laptop computers in patrol vehicles Item No. 3 -Edward Bryne Memorial Justice Grant Police Dept. request approval of the allocations of funds from the Edward Byrne Memorial Justice Grant Item No. 4 -Change Order No. 2 Engineering Dept. request approval of Change Order No. 2 for the Fire Station 3 project to Marbek Construction for a credit in the amount of $329,723.46 Item No. 5 -Bid Award Item No. b -Scope of Services Item No. 7 -Scope of Services Authorization to award bid for the 5unnyside Drive, Pine Lane, Chestnut Street and West Avenue Stormwater Improvements project to Boykin Construction Company in the amount of $363,251.10 -Engineering Dept. Request approval of Scope of Service, Task Order No.9, Amendment No. 2 in the amount of $84, 886.00 for Boyle Engineering to proceed with professional engineering services pertaining to the East Side Water Reclamation Facility Expansion project -Engineering Dept. Request approval of Scope of Service, Task Order No.26 in the amount of $32,392.00 for Boyle Engineering to perform professional services related to the analysis and design criteria of Lift Stations E-14 and E-15 Jim Purvis requested item 4 and Council Member Goodgame pulled item 1 from the consent agenda. City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 12, 2009 Council Member Mullins moved acceptance of consent agenda items 2 3, 5, 6 and 7; seconded b~ Council Member Goodgame The motion passed with all members present voting_"aye". Council Member Goodgame commented on item 1. He received an email from Ray San Fratello regarding the dollar amount. The cost will be $330 as they will have prison labor doing the work. Council Member Goodgame moved that item 1 be no more than $400; seconded by Council Member Hogan The motion passed with all members present voting "aye". Jim Purvis questioned item number 4 of the consent agenda. City Manager Saunders stated the contracts are written so the City can direct purchase materials for contracts and with direct purchase, we save sales tax. The contractor's agreement is reduced by that amount. Council Member Goodgame moved for approval of item 4 of the consent a eg nda; seconded by Council Member Hogan. The motion passed with all members present voting "aye". UNFINISHED BUSINESS Variance Request -Claude Wells Planning Director Hitt presented the variance request to allow for a front yard setback of 16 feet rather than the 25 feet required. The applicant is proposing to build a covered patio/garden area to reduce excessive noise from traffic on Brogden Dive and Lakeshore Drive. The proposed patio will extend into the front setback by 9 feet, leaving a 16 foot setback where a 25 foot setback is required. The patio will be 27 feet by 18 feet; will have a covered roof and side walls to buffer the traffic noise. While the right-of- way for Brogden Drive is above average, no other buildings encroach within the required setback in the area. Staff recommended denial of the variance request fora 16 feet front yard setback. Applicant, Claude Wells, was present. He explained the reason for the request is to buffer the noise. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5"' Street, agreed with staff's recommendation. Mayor Turville closed the public hearing. Council Member Thompson inquired about the lot size. Planning Director Hitt noted it is 104 by 200. Mr. Wells stated the reason for an additional two feet is to not see the cars on Brogden Drive. Council member Goodgame moved to deny the variance application; seconded by Council Member Mullins. Council Member Thompson asked if the neighbors had any comments. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 12, 2009 Mr. Hitt received a letter from a neighbor on Lakeview Drive stating he did not have a problem with the request. The letter was provided to each of the Council Members. Council Member Thompson spoke in favor of the request noting it was a unique situation. The motion passed 4 to 1 with Council Member Thompson opposed. Emergency Notification Sirens Mayor Turville commented this item has been discussed at a previous workshop and placed on the agenda at the request of Jim Purvis. Jim Purvis, 4206 Hammersmith Drive, requested Council consider sirens for emergency notification. He suggested a complete analysis and cost proposal by at least one vendor. Mayor Turville opened the public hearing. Judy Proli, 1020 Everest Street, spoke in support of sirens. Bernard Farthing, 4351 Hammersmith Drive, mentioned the importance of preparing for a disaster. Mayor Turville closed the public hearing. Mayor Turville supported soliciting proposals from qualified professionals to find out the cost. Council Member Goodgame agreed and suggested determining the decibel level to ensure it is heard inside of homes. Mayor Turville recommended seeking a Request for Proposal. Council Member Thompson recommended researching text messaging as an emergency notification. Council Member Mullins stated Homeowner Associations should have the option to place sirens in their community without the City, if they desire to do so. Council Member Hogan moved to have a Request for Proposal; seconded by Council Member Goodgame. Under discussion, Mayor Turville advised to invite Mr. Purvis when this is brought back to Council. The motion passed with all members present voting "awe". NEW BUSINESS Variance Request - Feeser Planning Director Hitt reported on the variance request to allow for a solid roof to be installed on a screened patio within the required rear yard setback. The applicant's lot is pie shaped with 108 feet along the rear property line, and 47 feet wide along the front right-of-way line. The applicant's lot is adjacent to a common green area within the development. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 12, 2009 Staff did not see any encroachment issues with adjacent neighbors. Also, swimming pools with screen cages would be allowed within 7.5 feet from the rear property line further encroaching into the rear yard setback. Staff was not opposed to the variance request. Applicant, Bernard Feeser, was present requesting approval. He noted the common area is not used. Furthermore, there are other screen enclosures in the neighborhood. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame questioned the purpose of the request. Mr. Feeser explained the reason for the request is to provide shade and protection from the sun. It will also bring additional value to the home. Council Member Goodgame recommended adding a stipulation that it cannot be closed in later. Mayor Turville remarked that is automatic. Council Member Thomson moved to approve the variance request as written• seconded by Council member Ho~~an• Council Member Goodgame requested adding in the stipulation to not enclose it into the living space. City Attorney Mantzaris stated the application is for a screened room. It is not for a closed addition to the house. It is incorporated into the application. The motion passed 4 to 1 with Council Member Goodgame opposed. Economic Development -Granville Avenue Water City Manager Saunders reported on Lake County's request for the City of Clermont to partner with them. Lake County is proposing to install water and sewer to provide service to ten (10) lots in a subdivision. They are proposing the county fund the sewer installation and asking the city to consider installation of the water main. The cost is approximately $50,000. This would help attract businesses and jobs in the area. They proposed to talk to the property owners about considering rezoning the property to a zoning category that would only allow the types of uses in their target industries for economic development. The county is not requesting a final decision but to consider moving forward with a partnership. The next step is to develop the list of allowed uses then bring back to Council for final approval. The city would benefit from receiving the impact fees for water and sewer and monthly service fees. All property owners would have to sign an agreement to annex once the property is contiguous to Clermont city limits. They are looking for Council to accept the concept and will work out the details later. Mayor Turville noted he did not have any issues with the proposal. Council Member Goodgame thought it was a good opportunity to work with the county. Council Member Mullins noted his preference to continue to keep that area of the JPA as a job center and referenced a proposed moratorium on impact fees. Council Member Mullins moved to work with the county to help this project be successful• seconded by Council Member Goodgame. The motion passed with all members present votin~`a~e". 5 City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 12, 2009 Jim Purvis, 4206 Hammersmith Drive, agreed this is a great opportunity for the City of Clermont to partner with Lake County. Visioning Survey -Lake County Water Alliance City Manager Saunders reported the Lake County Water Alliance has requested each Member City to complete the survey to assist the Alliance in focusing on and defining the role of the Alliance. Staff has completed the survey to the best of their ability. Mr. Saunders requested Council make any necessary changes and asked for a consensus on the response. The survey will be forwarded to the Alliance and combined with other member surveys to develop an overall consensus of the members on the issues. The Council was in agreement with staffs responses to the survey. Council and staff discussed responses that were left blank. Mayor Turville suggested marking a low response rather than not at all. City Manager Saunders suggested staff contact the Lake County Water Alliance for clarification of the intent. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goo~ame moved to adopt as to staff's recommendation; seconded by Council Member Mullins. The motion passed with all members present voting"aye". Ordinance 616-M Introduction 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. Council Member Goodgame moved for introduction of Ordinance 616-M; seconded by Council Member Thompson. The motion passed with all members present voting "aye". Ordinance 617-M Introduction An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida amending the official zoning map of the City of Clermont, referred to in Chapter 122 of Ordinance No. 289-C, Code of Ordinances; rezoning the real properties described herein as shown below, providing for severability, providing for an effective date and providing for publication. Council Member Goodgame moved for introduction of Ordinance 617-M; seconded by Council Member Thompson. The motion passed with all members present voting "awe". 6 City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 12, 2009 Ordinance 619-M Introduction An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land contiguous to the present city boundaries; providing for an effective date; providing for severability and providing for publication. Council Member Mullins moved for introduction of Ordinance 619-M; seconded by Council Member Hogan. Council Member Goodgame suggested denying this ordinance for introduction and noted the residents are opposed to the proposal. Council Member Mullins preferred the request to continue through the public hearing process. The motion passed 4 to 1 with Council Member Good ag me opposed. Ordinance 620-M Introduction 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. Council Member Mullins moved for introduction of Ordinance 620-M; seconded by Council Member Tho meson The motion amassed 4 to 1 with Council Member Goodgame imposed. Ordinance 365-C Introduction An Ordinance of the City of Clermont amending Chapter 14, "Buildings and Building Regulations", Article 1, "In General" by creating section 14-9 "International Property Maintenance Code", providing for the incorporation of the maintenance code into the City Code; providing for severability, conflict, codification and effective date. Council Member Mullins moved for introduction of Ordinance 365-C; seconded by Council Member Goo~ame. The motion passed with all members present voting "aye". Ordinance 366-C Introduction City Manager Saunders requested pulling Ordinance 366-C from the agenda. The Department of Transportation (DOT) requested further discussion with staff on the language for Eminent Domain. City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 12, 2009 Ordinance 367-C Introduction An Ordinance of the City of Clermont, Florida relating to red light signal violations; amending Chapter 62, Traffic and Vehicles, of the City Code by creating new Article III, "Red Light Signal Violations", sections 62-40, et sequel, providing for definitions; adherence to Red Light Traffic Control Signals; Enforcement; Notice of Violation; Owner Responsibilities; Appeal; Penalties and Administrative Charges and providing for severability, conflict, codification and an effective date. Council Member Goodgame moved for introduction of Ordinance 367-C• seconded bX Council Member Mullins The motion passed with all members present voting "ate City Manager Saunders requested additional discussion of the Emergency Notification System. He suggested staff request proposals of Emergency Notification Systems rather than only looking at sirens to determine what is available. The City Council agreed with the recommendation. Mayor Turville further suggested staff have ample responses to the sirens request. ADJOURN: With no further comments, this meeting was adjourned at 8:29pm. APPROVED: aro S. Turville, Mayor ATTEST: /~ ~ .~/ '' Tracy A oyd, City Cd k 8