Loading...
06-22-2010 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING June 22, 2010 The Clermont City Council met in a regular meeting on Tuesday, June 22, 2010 in the Council Chambers at City Hall. Mayor 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 May 25, 2010. Council meeting minutes of June 8, 2010. Council Member Goodgame amended the May 25, 2010 minutes to note Council Member Mullins made the motion to approve the May 11, 2010 minutes. Council Member Goodgame moved for approval of the May 25, 2010 minutes as amended; seconded by Council Member Hogan. The motion passed with all members present voting "aye ". Council Member Goodgame also amended the June 8, 2010 minutes to change the term Hank's Nursery to Lamb's Nursery. Council Member Goodgame moved for approval of the June 8, 2010 minutes as amended; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". PUBLIC COMMENTS Nancy Fullerton, 368 Montrose Street, District II Water Authority Board of Trustee Member, expressed concern regarding the stormwater project on Hooks Street. She requested a staff report and for Mayor Turville to monitor the project. Tim Murry, 574 E. Desoto Street, thanked Mayor Turville and Council Member Mullins for judging the barbecue contest. Charlene Forth, 939 W. Desoto Street, reported on acquiring accident information for Desoto between 10 Street and West Avenue. Furthermore, Ms. Forth reviewed the Conditional Use Permit (CUP) for Magic Moments Learning Center school program and expressed concern with the CUP expiring in 2004. REPORTS City Manager Saunders — No Report City Attorney Mantzaris — No Report Council Member Hogan — No Report 1 City of Clermont MINUTES REGULAR COUNCIL MEETING June 22, 2010 s Council Member Goodgame reported the short section of SR 50 from west of Hancock to Grand Highway has been funded. The US 27 /SR 50 clover leaf intersection is at the top of the funding list. Furthermore, Lake County is proceeding with the construction of the short part of Hooks Street that will run from Grand Highway to just west of Lowes. Council Member Mullins — No Report Council Member Thompson - No Report Mayor Turville — No Report Assistant City Manager Gray expects to receive news next week on the opening of the beach. 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. I — Grant Opportunity Request authorization to apply for a matching Utilities Department grant from Florida Municipal Insurance Trust in the amount of $2,214.99 for safety items I.) Item No. 2 — Grant Opportunity Request authorization to apply for the Factory Fire Department Mutual Fire Prevention Grant for a Live Fire Extinguisher Training Simulator in the amount of $7600.00 Item No. 3 - City Branding Project Recommendation to reject all proposals for the City Branding project Item No. 4 - Collective Bargaining Agreement Request approval of the Collective Bargaining Administrative Services Agreement with the International Association of Fire Fighters, AFL -CIO, Clermont Professional Firefighters, Local 4350 Linda Charlton requested to pull item 3 and Council Member Hogan pulled item 4 for discussion. Council Member Goodgame moved to approve items 1 and 2; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Linda Charlton requested an explanation of City Branding. City Manager Saunders responded that it is a comprehensive program to create an image for a city to make it more attractive for economic development to bring businesses to the area. Council Member Hogan requested City Manager Saunders comment on the Collective Bargaining Agreement. Mr. Saunders noted the members have ratified the agreement and this is the last step to approve it. 1 III 2 City of Clermont MINUTES REGULAR COUNCIL MEETING June 22, 2010 Council Member Hogan moved for the approval of item 4; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Council Member Goodgame moved to approve item 3; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". UNFINISHED BUSINESS Mayor Turville noted Items 5, 6 and 9 of the agenda would be heard together and voted on separately. Item No. 5 - Ordinance No. 2010-10M Final Hearing Mayor Turville read Ordinance 2010 -10M aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, under the Code of Ordinances of the City of Clermont, 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. Item No. 6 - Ordinance No. 2010- 11M Final Hearing Mayor Turville read Ordinance 2010 -11M aloud by title only. 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, effective date and publication. Item No. 9 - Transmittal Hearing Ladd Development /Hunter's Run Barbara Hollerand, Planner, presented the staff report. She informed the public of the Florida Department of Community Affairs citizen courtesy information list form. It is available for anyone interested in signing up to be notified when the Notice of Intent will be published in the Orlando Sentinel. The request is for annexation, rezoning and the transmittal of a large -scale comprehensive plan amendment. The owner /applicant is Ladd Development, represented by Dale Ladd. The vacant 131 -acre property is near the northeast comer of Hancock Road and Hartwood Marsh Road. A single - family residential subdivision with 320 homes is planned for the site. The subject property is contiguous to the City on three sides. The rezoning request is from Urban Estate to R -1 Medium- Density Residential. The large -scale comprehensive plan amendment request is from Lake County Urban Expansion to Low - Density Residential in the City. This property once included the 10 -acre charter school property site, which was sold in 2005. In 2004, the owner requested a future land use change in the county from Rural to Urban Expansion, and the property was rezoned from Agriculture to R-4 Residential. The comprehensive plan amendment was not found in compliance by the Florida Department of Community Affairs (DCA), and the amendment went into settlement agreement. In the stipulated settlement agreement that resulted, no residential development was to be allowed on the property until and unless it was annexed into the City. The maximum residential density was capped at 320 single - family dwelling units, which are approximately 2.4 units per acre. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING June 22, 2010 The proposed future land use of Low- Density Residential allows for a maximum density of 3 units per acre. No text changes to the comprehensive plan are required. Upon Council approval, this proposed amendment would be transmitted for review by DCA, Lake County, and the five reviewing agencies. DCA would issue an Objections, Recommendations and Comments letter on the proposed amendment in August, and it could come back to the Council for adoption in September. City water and sewer capacity is available to serve the development. The site is accessible by Hancock Road and Hartwood Marsh Road, and there is a traffic signal at the intersection of these two roads. The property is within the City's Joint Planning Area and is contiguous to the City on its northern, southern and western sides. Annexations of infill properties are consistent with the Goals, Objectives and Policies of the comprehensive plan. Upon annexation, it is appropriate to assign R -1 Medium - Density Residential zoning and Low- Density Residential future land use. Staff recommended approval of the annexation, rezoning request and the large -scale comprehensive plan amendment request. At the Planning and Zoning Commission meeting on June 1, the board unanimously recommended approval of the rezoning and future land use change. Applicant, Dale Ladd, was present and available for questions. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. 411 Council Member Goodgame noted the property along Hartwood Marsh Road becomes a parking lot on the weekends and requested no parking signs. Mr. Ladd was in favor of the request. Council Member Goodgame moved for the adoption of Ordinance 2010 -10M; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote with all members present voting "aye ". Council Member Goodgame moved for the adoption of Ordinance 2010 -11M; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote with all members present voting "aye ". Council Member Goodgame moved for item 9 transmittal hearing to transmit to the DCA for approval; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". NEW BUSINESS Item No. 7 - Resolution No. 2010 -11 South Lake Montessori School Mayor Turville read Resolution 2010 -11 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting an amendment to a Conditional Use Permit to allow a School Facility Expansion in the • R -3 Residential /Professional Zoning District. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING June 22, 2010 Curt Henschel, Planner, presented the staff report for an amendment to a CUP to allow a school facility expansion in the R -3 Residential /Professional Zoning District. The applicant is proposing a 1,200 square foot building expansion to be added to the existing Montessori School located at 983 W. Desoto Street. The applicant states that the expansion is to allow for much needed office and storage space, and to allow for repairs needed to the building due to termites. The 1,200 square foot expansion is not to allow for additional students or children. The student population will remain the same with 50 students, as well as the four staff members. Hours of operation will also remain the same from, 8:15am to 2:45pm, Monday through Friday. Staff recommended approval of the request provided the faculty and student population does not increase. Owner, Jan Sheldon, requested approval and was available for questions. Mayor Turville opened the public hearing. Charles Forth, 939 W. Desoto Street, expressed concerns with this property not meeting the standards set by the city. Mr. Forth displayed photographs of the property. If approved, he requested the wooden fence be replaced and provide a 10 foot landscape buffer. He further requested, if the expansion will not include children, to adopt a developer's agreement to state its purpose. Charlene Forth, 939 W. Desoto Street, commented Magic Moments Learning Center school program has not had a Conditional Use Permit (CUP) since 2004. She discovered violations not met within the applicants CUP and questioned a retention pond. Ms. Forth expressed concerns with safety and requested the city enforce the original CUP. Planner Henschel distributed a letter of opposition received from a citizen. Don Madden, 843 10` Street, expressed concern with noise and requested the fence be replaced. Pam Barber, 955 W. Desoto Street, wrote the letter distributed to Council by staff. She spoke in opposition to the expansion. Tim Murry, 574 E. Desoto Street, expressed concern with staff not following up on approved Conditional Use Permits. It is important to ensure the applicants are operating within the CUP. Mr. Murry was not opposed to the expansion request. Paul Lacek, owns Max's House, requested this applicant follow the same requirements to put in a retention pond as they were required to do. Ms. Tonya Denmark, 1431 14 Street, supported the expansion and urged Council to approve it. Mayor Turville closed the public hearing. Ms. Sheldon addressed the concerns. They did initially put in the required retention pond as required at that time. There are plans to enlarge the retention pond to incorporate the expansion. The fence will also be replaced. • Mayor Turville noted there was a retention pond however it was not properly maintained. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING June 22, 2010 City Manager Saunders noted the applicant will have to submit formal plans for review by staff. When there is an amendment requested to a CUP, it gives the site review committee the opportunity to address issues that have not been maintained in the past. Mayor Turville inquired about St. Johns rule. City Manager Saunders stated there is a St. Johns rule that has to be met. There is a threshold that has to be met as far as the impervious area to determine whether an applicant has to deal St. Johns or the city code. There was discussion regarding the number of students. Planner Henschel noted the capacity is at 50 students. The Council asked for clarification on issues associated with the existing CUP as it relates to the buffer, retention pond, landscaping, and fencing. Council Member Thompson suggested tabling this until a number of issues can be addressed. Council Member Thompson moved to table Item number 7 Resolution 2010 -11 until staff can provide further clarification on the issues listed tonight and resolution of the issues .ertainin to the existing CUP; seconded by Council Member Goodgame. City Attorney Mantzaris requested the item be tabled to date certain. Council Member Thompson amended the motion to table to July 27 and clarified intent of motion to include timeline of retention ponds and the exact requirements as well as the difference between the 5 and 10 foot buffer in the commercial where it abuts the residential; seconded by Council Member Goodgame. The motion passed with all members present voting "aye". Item No. 8 - Resolution No. 2010 -12 Horizon Calvary Chapel Mayor Turville read Resolution 2010 -12 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 a church facility in the M -1 Industrial Zoning District. Curt Henschel, Planner, presented the staff report for a CUP to allow a church facility in the M -1, Industrial Zoning District. The applicant proposed to occupy approximately 1,500 square feet of building space available within Lot 13 in the Clermont Commons Industrial Center. The church intends to have 20 -25 seats for Sunday service. A different church was approved at this location in August 2009. They did not move forward with the CUP because of financial issues. With the existing businesses operating at normal business hours, and the church operating at typical non business hours, staff believed there will not be any parking issues on or off site. Staff recommended approval of the request for a CUP. Carlos Aviles was present requesting approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public • hearing. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING June 22, 2010 Council Member Goodgame moved to approve Resolution 2010 -12; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Mayor Turville recessed at 8:41pm. The meeting reconvened at 8:48pm. Item No. 10 - Wally Herda Wally Herda addressed the Council regarding the Progress Energy substation located approximately 70 to 100 feet from his residence. Mr. Herda requested landscaping and an irrigation system. He also inquired about the location of the switching station. Assistant City Manager Gray reported the CUP was approved in 1991 and the variance was approved in 1996. Jerry Miller was present representing Progress Energy. They have contracted with someone for landscape services and have met with city staff to ensure they are conforming to city codes. Planning and Zoning Director Hitt presented the approved site plan as part of the CUP in 1991. Furthermore, he explained it was located as approved and is consistent with the CUP. However, there are shrubs that need to be replaced. Assistant City Manager Gray has contacted Progress Energy and they have been cooperative in taking care of the issues. Mr. Herda requested Progress Energy follow the CUP process and questioned the magnetic field. Jerry Miller, Progress Energy, was present to address the concerns. The landscaping and irrigation was not maintained at the substation and has contracted with Cam Landscaping from Groveland to take care of it. They will re- landscape to comply with the CUP application in 1991. Mr. Miller addressed the questions in regards to measuring electro magnetic fields. Council Member Thompson suggested obtaining a reading from an independent source. Council Member Mullins commented the landscaping is being addressed; furthermore, the city needs to implement a procedure to ensure CUP performance and is considering an independent source to measure the magnetic field. Mr. Herda also noted there was suppose to be parking at the switching station. Council Member Goodgame stated parking was not on the approved drawing. Council agreed to ensure the buffers, irrigation and landscape is replaced. Item No. 11 - JPA Review Jim Hitt, Planning and Zoning Director, presented a report on the Joint Planning Area (JPA) request to rezone the Amon Village site from Agriculture to a Planned Unit Development. Staff recommended approval of the rezoning to the Lake County Zoning Board and the Lake County Board of County • Commissioners. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING June 22, 2010 Council Member Goodgame moved to prepare transmittal to the County approving this development on the basis that all aspects of this development will meet Clermont city codes; seconded by Council Member Mullins. Applicant, Randy June, was present. It is the intent to return to Council when this project is ready to come online and bring water and sewer to the project. Council Member Goodgame amended the motion to transmit to the County approval to rezone this property from Agriculture to PUD and the development will meet all of Clermont city codes and connection to City Utilites at their expense; seconded by Council Member Mullins. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. The motion passed with all members present voting "aye ". Item No. 12 - Council Appointment City Manager Saunders reported there is one opening on the Police Officers Pension Board. Council Member Goodgame moved for the appointment of John Baker to the Police Officers Pension Board; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Item No. 13 - JPA Expansion City Manager Saunders reported that Lake County recently adopted the Comprehensive Plan. One of the issues discussed was the Rural Protection Area (RPA). They decided to take it further south of the JPA boundary. They adopted the South Lake Strategic Area plan which covers the old original lines for the RPA from the city limits south. The city is left with 3 sections not within the JPA but is in the South Lake Strategic Plan area. Council Member Goodgame asked to place this on the agenda for consideration to request the County Commission to move the JPA line one section line south. The South Lake Strategic Plan requires Lake County, Orange County and the City of Clermont to work together to come up with a plan for that area. The Council discussed including this area within the JPA. Staff provided an update on the Conserve II property. Council Member Goodgame moved to transmit a letter to the County Commission telling them we would like to bring the property that is specified in the South Lake Strategic Area Plan be included in our JPA; seconded by Council Member Mullins. The motion • passed with all members present voting "aye". 8 City of Clermont MINUTES REGULAR COUNCIL MEETING June 22, 2010 Item No. 14 - Ordinance No. 2010 -12 M Introduction Mayor Turville read Ordinance 2010 -12M 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 a map change to the Future Land Use Map of the Comprehensive Plan; setting forth the authority for adoption of the Comprehensive Plan Amendment; setting forth the purpose and intent of the Comprehensive Plan Amendment; establishing the legal status of the Comprehensive Plan Amendment; providing for severability, conflict and an effective date. Council Member Mullins moved for introduction of Ordinance 2010 -12M; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Item No. 15 - Ordinance No. 2010 -13 M Introduction Mayor Turville read Ordinance 2010 -13M 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 a map change to the Future Land Use Map of the Comprehensive Plan; setting forth the authority for adoption of the Comprehensive Plan Amendment; setting forth the purpose and intent of the Comprehensive Plan Amendment; establishing the legal status of the Comprehensive Plan Amendment; providing for severability, conflict and an effective date. Council Member Mullins moved for introduction of Ordinance 2010 -13M; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". ADJOURN: With no further comments, this meeting was adjourned at 10:01pm. APPROVED: 41111111111111111 11.41 VIE.P■ Harold S. urville, Mayor ATTEST: C • zi ` Tracy Ackroyd, City Clerl" J 9