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02-23-2010 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2010 The Clermont City Council met in a regular meeting on Tuesday, February 23, 2010 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 Goodgame gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of January l2, 2010; January 26, 2010; and February 9, 2010. Council Member Goodgame moved for the minutes of the regular scheduled meeting of January 12 2010 be approved as written• seconded by Council Member Mullins. The motion passed with all members present voting "aye". Council Member Goodgame moved for the minutes of the regular scheduled meeting of January 26 ZO10 be approved as written• seconded by Council Member Mullins. The motion passed with all members present voting "aye". Council Member Goodgame moved for the minutes of the regular scheduled meeting of February 9 2010 be approved as written• seconded by Council Member Mullins. The motion~assed with all members present voting "aye". PUBLIC COMMENTS Nancy Fullerton, 368 Montrose Street, requested public input when the City prepares for an image makeover. Furthermore, Ms. Fullerton inquired about a native plant growing near Crystal Lake. Council Member Goodgame requested City Manager Saunders have City Engineer Richardson look at it. Tim Murry, 574 E. Desoto Street, requested the gates be unlocked at McKinney Park and sidewalks on E. Juniata Street between the school and Scott Street. REPORTS City Manager Saunders reported on the City's request to the Board of County Commissioners to expand the city boundaries for the Joint Planning Area. They concluded it would be best if the Board of County Commissioners and City Council could meet in a joint workshop and discuss the future land use for that area. The County Commission did not take action on the request. The Council expressed preference for the joint meeting to be held in the evening. City Attorney Mantzaris - No Report Assistant City Manager Gray - No Report Council Member Hogan - No Report City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2010 Council Member Goodgame reported the Historic Village has a need for 100 folding chairs, 8 tables, 2 carts and a podium for speakers. City Manager Saunders noted the purchasing policy requires 3 quotes. Council Member Mullins questioned whether this is included in the budget. Mr. Saunders noted there are no funds in the current budget. Mayor Turville asked City Manager Saunders to obtain proposals and return to Council. Council Member Goodgame encouraged attendance to the Pig on the Pond events to be held on the dates of March 12 and 13, 2010. Council Member Mullins reported graffiti in downtown. Council Member Goodgame noted he received a letter regarding the graffiti. City Manager Saunders stated Police Chief Graham will be placing extra patrol in that area. Council Member Thompson - No Report Mayor Turville reported on the meeting he and City Manager Saunders had with County Commissioner Cadwell and Interim County Manager Minkoff to discuss the spray field property. 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 Request use of Waterfront Park by Sarah's Daughters Inc. for a charity walk on Saturday May 1, 2010 Item No. 2 -Quote Approval Engineering Department Item No. 3 -Quote Approval Engineering Department Item No. 4 -Change Orders 2 & 3 Engineering Department Item No. 5 -Cooper Memorial Library Request approval of a quote from Southeastern Surveying in the amount of $8,615.00 to perform survey and ecological services related to the design and construction of the 3`d Street Improvements Request approval of a quote from Universal Engineering & Sciences in the amount of $1,780.00 to perform geotechnical services related to the design and construction of the 3`d Street Improvements Request approval of Change Order 2 in the amount of $5,537.45 & Change Order 3 in the amount of $5,371.85 for the Sunnyside Drive Drainage Improvements project Request approval of Agreement for Renovation of Historic Library Building Council Member Goodgame moved the consent agenda presented be approved• seconded by Council Member Mullins The motion passed with all members present voting "aye" City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2010 UNFINISHED BUSINESS Ordinance 2010-02C Final Hearing Mayor Turville read Ordinance 2010-02C aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, amending Chapter 46, "Pensions and Retirement", Article V, Divisions 1 and 2 of the City Code by amending section 46-203, "Board of Trustees" to delete the requirement a City Council Member shall be an appointed member of the Police Officers Retirement Plan Board of Trustees and amending section 46-253, "Board of Trustees" to delete the requirement that a City Council Member shall be an appointed member of the Firefighters Retirement Plan Board of Trustees, providing for codification, severability, conflict, and effective date. City Manager Saunders stated the City currently has a Council Member appointed to the Fire and Police Pension Boards as required by the City's Code. The State of Florida Division of Retirement has stated the City's Code as it relates to the appointment of a council member to each board, is not in compliance with Florida Statutes. This ordinance will remove that requirement. The Council will still have the opportunity to appoint two citizens. Staff recommended approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved to approve Ordinance 2010-02C~ seconded by Council Member Goodgame. The motion passed 5 to 0 on a roll call vote Resolution 2010-04 Family Christian Center Mayor Turville read Resolution 2010-04 aloud by title only. A Resolution of the City Council of the City of Clermont, Florida, granting an amendment to a Conditional Use Permit to allow the modification of the existing site plan and uses. Planner Henschel presented the master site plan change for Family Christian Center Church. This is an amendment to the Conditional Use Permit (CUP) approved in April 2005. The request is to add several uses and modify the site plan layout. These uses include additional recreation amenities such as: tennis courts, soccer field, water park, amphitheater, and storage structures. The building layout addition will include a 90,000 square foot sanctuary, and a future multi level parking garage. The church is also proposing uses that will invite the general public in for activities such as an indoor trampoline room, arcade, rock wall, and food service. Any profits will go directly into the Family Christian Center of Clermont, Inc. non-profit (SOlc3) corporation. Staff recommended approval with conditions. Planner Henschel reviewed the conditions. Rick Van Wagner, Pastor of Family Christian Center, met with the residents located behind the church to discuss their concerns which consist of noise, security and foot traffic. He agreed to provide a buffer to reduce the noise. Mr. Van Wagner suggested fencing or bamboo and noted he is willing to work with the City. City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2010 Mayor Turville opened the public hearing. Joe Pane, 12735 Katherine Circle, was present representing the Homeowners Association, expressed concern regarding privacy and noted violations of the code of ordinances related to noise. Furthermore, he requested a new traffic analysis. Bill Van Wagner, Family Christian Center, noted he attended the meeting with the Homeowners Association. He stated that readings were taken of the noise and found it to be less than 60 decibels. Chris Lackey, Director of Security at Family Christian Center, informed Council there will be law enforcement providing security during the upcoming carnival event and will have 12 to 15 volunteers to assist with parking. Mayor Turville closed the public hearing. Planner Henschel clarified the intent is to have a traffic study prior to the construction of the large sanctuary. Also, the hours of the recreation facility should be clearly posted for the public. Furthermore, Planning and Zoning Director Hitt and Planner Henschel did walk around the property to verify the 50 foot of vegetative buffer is in place and noted it has not been altered. The Council discussed the various buffer options and determined a privacy fence would be the best choice. Council discussed the park hours and recommended future church events end at 9:OOpm Council Member Goodgame moved for the south border of the property 200 foot opaque fence and the balance of the whole side will have a black chain link fence 6 foot high and the landscaping of all these areas will be left up to staff to work out to conform to city standards. The child park area hours during the week will be from Sam to 7pm with the park staying open until 9pm on the weekends. Council Member Mullins seconded the motion for discussion. He suggested amending the park hours to be open from dawn to dusk and not later than 9pm. Council Member Goodgame amended the motion to have a chain link fence plus a solid barrier 6 foot high for 200 feet The opaque barrier is 200 feet of the playground area and the balance of it which is approximately 1 100 feet would be chain link fence. Staff will work with the church to determine the proper landscaping. The park will be open from dawn to dusk but no later than 9pm in the summer; seconded by Council Member Mullins. The motion passed with all members present voting "ate The next two items were presented together and voted on separately. Ordinance 2010-02M Final Hearing Mayor Turville read Ordinance 2010-02M aloud by title only. City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2010 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; severability; recording and for publication. Transmittal Hearing Large Scale Comprehensive Plan Amendment Planner Hollerand presented the request for the Bosserman 17 property. The vacant 17-acre property, comprised of three parcels, is south of S.R. 50, on the southwest corner of Hooks Street and Excalibur Road. East Ridge High School is to its east, and East Ridge Middle School is to its south. Vacant property is to the north and west. The subject property is contiguous to the City on its northern side. The owners are Richard E. Bosserman and Gladys T. Bosserman, co-trustees. The applicant is Chris Roper with Akerman Senterfitt. The requests are for annexation and for alarge-scale comprehensive plan amendment to change the future land use from Lake County Urban to Residential/Office in the City. The future land use of Residential/Office would allow both an office development or multifamily with a maximum density of 12 units per acre. A conditional use permit is required for densities of more than 8 units per acre. The zoning, which is currently R-6 and Community Facilities District in the County, would revert to Urban Estate in the City upon annexation. There is no application being brought forward at this time for a rezoning, and there are no immediate plans for development. The site is accessible by both Hooks Street and Excalibur Road. A signalized intersection at Citrus Tower Boulevard and Hooks Street is in place and a second signal at Citrus Tower Boulevard and Steves Road/Excalibur Road is planned. The property is within the City's Joint Planning Area and is contiguous to the City on its northern side. Annexations of infill properties are consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Upon annexation of this property, it is appropriate to assign a City future land use of Residential/Office at this location. The Planning and Zoning Commission voted unanimously to recommend approval of the future land use change. Staff recommended approval of the annexation and of the Future Land Use Map change to Residential/Office. Chris Roper, Esq., Akerman Senterfitt, was present and available for questions. He noted this is a step down in intensity from the current approval in the Lake County comprehensive plan. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame questioned the traffic impact. Planning and Zoning Director Hitt noted the developer would be required to go through the Metropolitan Planning Organization (MPO) for a traffic study for a development and would return to Council at a later date. Council Member Mullins moved for the adoption of Ordinance 2010-02M; seconded by Council Member Goodgame. The motion passed 5 to 0 on a roll call vote. Council Member Mullins moved for the adoption of the large scale transmittal; seconded by Council Member Goodgame. The motion passed with all members present voting "aye,> City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2010 The next two items were presented together and voted on separately. Ordinance 2010-03M Final Hearing Mayor Turville read Ordinance 2010-03M aloud by title only. 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; severability; recording and publication. NEW BUSINESS Transmittal Hearing Large Scale Comprehensive Plan Amendment Planner Hollerand presented the request. DeWitt Enterprises, Inc. is the owner and applicant. The vacant 27-acre property, comprised of three parcels, is south of S.R. 50, on the southwest corner of Citrus Tower Boulevard and Hooks Street. The property is contiguous to the City on its northern side, adjacent to property owned by DeWitt Enterprises that was annexed in September 2008 and assigned a commercial land use in 2009. Adjacent right-of-way along Citrus Tower Boulevard and Hooks Street will also be annexed as part of this annexation. The request is for alarge-scale comprehensive plan amendment to change the future land use from Lake County Urban to Commercial in the City. The current zoning is R-6 in Lake County and would revert to Urban Estate in the City upon annexation. Currently, no application is being brought forward at this time for rezoning. There are no immediate plans for development. The site is well served by the transportation network with signalized intersections at Citrus Tower Boulevard and Hooks Street and at Sandhill View Boulevard and S.R. 50. To the south of the subject property is a large stormwater pond which borders Lost Lake Reserve residential to its south. This tract provides a buffer between the proposed commercial property and the residential uses to the south. The property is within the City's Joint Planning Area and is contiguous to the City on its northern side. Annexations of infill properties are consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Upon annexation of this property, it is appropriate to assign a City future land use of Commercial. The Planning and Zoning Commission voted unanimously to recommend approval of the future land use change. Staff recommended approval of the annexation and the Future Land Use Map change to Commercial. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved for the adoption of Ordinance 2010-03M; seconded bX Council Member Goodgame. The motion passed 5 to 0 on a roll call vote. Council Member Mullins moved to transmit the large scale comprehensive plan amendment; seconded by Council Member Goodgame. The motion passed with all members present voting "a. City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2010 Ordinance 2010-04C Introduction Mayor Turville read Ordinance 2010-04C aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, amending Chapter 86, "Administration", by creating new article VIII "Non-Conforming Due to Eminent Domain" providing for severability, conflict, codification, and effective date. Council Member Mullins moved to introduce Ordinance 2010-04C; seconded by Council Member Good~ame. The motion passed with all members present voting=`a~". ADJOURN: With no further comments, this meeting was adjourned at 8:54pm APPROVED: Harold S. Turville, Mayor