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03-27-2012 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING March 27, 2012 The Clermont City Council met in a regular meeting on Tuesday, March 27, 2012 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 VanWagner Other City officials present were: City Manager Saunders, City Attorney Mantzans and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of March 13, 2012 Council Member Goodgame moved to approve the minutes of the City Council meeting of March 13, 2012 as submitted; seconded by Council Member Mullins. The motion passed with all members present voting aye. PUBLIC - COMMENTS Jim Purvis, 4206 Hammersmith Drive, requested a workshop to review a long range plan for the city. Jenny Harrison, 11520 Kanuba Court, announced a National Training Center event titled Apnl Pool's Day to be held on Saturday, March 31 to promote water safety. Council Member Goodgame requested staff place the information on the city's website. REPORTS City Manager Saunders attended the Lake County Board of County Commission meeting at the direction of the Council for the public heanng on the JPA review for Islamic Community Center. Lake County ounty did deny the request 5 to 0. The next Council workshop has been scheduled for Wednesday, April 11 at 6:OOpm City Attorney Mantzans — No Report Council Member Hogan — No Report Council Member Goodgame suggested a city wide food collection during the week of May 21 — 25. The - Council supported the idea and a motion was not necessary. He expressed appreciation to the employees for working - longer hours and thanked residents for participating. Council Member Mullins encouraged the Council to attend the League of Cities Daily Commercial Chamber Alliance Community Service Awards Banquet on April 25 to honor individuals in the areas of humanities, arts, education and business achievement Council Member Van Wagner commented on concerns received from residents m The Legends regarding water service with Acme Water and noted they may have an interest in selling. City Manager Saunders stated their current contact would be the Public Service Commission. City Attorney Mantzans advised staff could look into it and report back to the Council. They do not fall under the City's jurisdiction. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING March 27, 2012 Mayor Turville reported this Fnday is Groveland's 90 birthday as a municipality and requested City Clerk Ackroyd prepare a Proclamation to present. Police Chief Graham provided a bnef summary and photos on the status of the Inland Groves case in reference to human remains found ion the property. It is an open investigation and cannot release everything. Mr. Graham noted he will continue to report on updates to the Council as they are received 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 for waiver of 50% of fees for use of Gateway Church Waterfront Park & Pavilion to host a Good Fnday Event, titled "What's so good about it ", Fnday, April 6 from 5:30 p.m to 8:00 p.m Item No. 2 — Interlocal Agreement Approval Request approval of an Interlocal Agreement Lake County between the City and Lake County for South Lake Trail Project. Item No. 3 — Interlocal Agreement Approval Request approval of an Interlocal Agreement Lake County between the City and Lake County pertaining to funding of the South Lake Business Opportunity Center. Council Member Goodgame moved for the approval of the consent agenda as subrmtted; seconded by Council Member Mullins. The motion passed with all members present voting aye NEW BUSINESS Item No. 4 — Approval Request Hartwood Pines Subdivision City Manager Saunders presented the request from the Hartwood Pines Homeowners Association. The residents requested, to temporanly close the connection to Hartwood Marsh Road because of traffic in the area and delayed plans to i bprove Hartwood Marsh Road The plan would be to use concrete barriers at the intersection with appropnate signage for_ the entrance and exit off of Hancock Road. There are improvements planned for the mtersection and staff would monitor this A majonty of the homeowners signed petitions in support of this request The cost to the city to provide the barriers and signage would be less than $1,000. Mayor Turville opened the Public Hearing 2 City of Clermont MINUTES REGULAR COUNCIL MEETING March 27, 2012 The following spoke in support of the request: John Waterford, 2646 Hartwood Pines Way, Tasha Torres, 4221 Bokeelia Loop; and Cindy Emely, 2633 Hartwood Pines Way Jim Purvis, 4206 Hammersmith Dnve, questioned a provision for making a left turn when traveling south on Hancock Road with current signage not allowing a left turn. Mayor Turville closed the public heanng. Mayor Turville addressed the concern made by Mr Purvis to remove the no left turn sign. He supported this request and encouraged Council approval. Council Member Mullins suggested alerting the Lake County school bus system. Council Member Mullins moved that we install the temporary bamers to help this neighborhood to include dealing with the sign' issues; seconded by Council Member Goodgame. The motion passed With all members present voting aye. Council Member Goodgame commended Cindy Emely for her efforts in acquiring signatures Item No. 5 — Resolution No. 2012 -09 Clermont Bible Fellowship Mayor Turville read Resolution 2012 -09 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Flonda, granting a Conditional Use Permit to allow a church facility in the M -1 Industrial Zomng Distnct. Pnncipal Planner Henschel presented the request to operate a house of worship in the M -1 zoning distnct located at 355 Citrus Tower Blvd. Staff believed there will be no parking issues and recommended approval. Applicant Lanny Evans requested approval. Mayor Turville opened the public heanng. There were no comments. Mayor Turville closed the public heanng. Council Member Hogan expressed concern if the church expands. Principal Planner Henschel stated that matter is addressed in number 11 within the conditional use permit (CUP) document Council Member Mullins moved for adoption of Resolution 2012 -09; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 6 — Resolution No. 2012 -10 Oak Hill Commons (Pep Boys) Mayor Turville read Resolution 2012 -10 by title only 3 City of Clermont MINUTES REGULAR COUNCIL MEETING March 27, 2012 A Resolution of the City Council of the City of Clermont, Lake County, Flonda, granting an amendment to Conditional Use Permit (2011 -18) to modify the site plan, allow an automobile repair garage, and over four users for multi- tenant commercial buildings within a C -2 General Commercial Zomng Distnct. Planning and Zomng Director Hitt presented the request to amend the CUP for an automobile repair garage and multi tenant commercial buildings located at the northwest corner of Hooks Street and Grand Highway. The applicant proposed site plan changes that - were not consistent with the onginal CUP approval. The changes include a reduction of buildmgs and a general change of layout for the site plan All other uses remain the same for the development as approved. The onginal approved uses include an automotive repair garage, a building over 20,000 square feet, and to allow for more than four tenants within one building: A vanance for grading cut of up to 18 feet would possibly be eliminated because the site will retain more of the existing grade, the new proposed cut is approximately 15 feet in depth A second vanance that could be elmunated is the splitting of a landscape buffer with a retainmg wall. The site is now able to utilize slopes to make up grade changes and has now eliminated many of the walls that were previously proposed Staff recommended approval. Staff believed this development is consistent with the uses in the area and recommended approval of the CUP request for an automobile repair garage, over four users for the multi- tenant commercial buildings, and commercial building over 20,000 square feet Rick McCoy, Project Engmeer, and Matt McGill, Owner, were present. Mr. McCoy stated they will not be cutting the hill down and will have a natural buffer between Pep Boys and Highway 27; the CUP has a landscape buffer in section 3 and requested to d� it by phase. Planning and Zomng Hitt stated staff is in agreement with the request. The applicant is proposing to grade the area for phase 1 and leave phase 2 as natural. When this comes through for site plan approval, require the landscape buffer to be completed for_ phase 2 Plant the entire portion of the penmeter buffer areas according to Land Development Code for phase 1 and 2 upon occurrence. Mayor Turville opened the public heanng. There were no comments Mayor Turville closed the public heanng City Attorney Mantzans expressed concern with the indefinite period associated with phase 2 and suggested a time frame to return to Council for review if phase 2 has not started or the buffer area has not been planted in accordance with city code. Mr. McCoy stated the trees and vegetation would be a permanent buffer until phase 2 is developed. City Attorney Mantzans questioned whether the natural buffer will meet the standards for that portion of the entire development site. City Manager Saunders stated it would not meet our code for a buffer and suggested a 3 to 4 year time frame to either establish a buffer or request a vanance from Council to leave the same. Mr. McCoy agreed with 48 months. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING March 27, 2012 Council Member Mullins moved that we adopt Resolution 2012 -10 allowing them to keep the natural buffer on the phase 2 real estate and return in 48 months and the City Council at that time will determine whether to grant them a variance or bring it up to code as the landscape buffer: seconded by Council Member Goodgame. The motion passed with all members present voting aye. Rick McCoy asked for clanfication regarding the granted vanance for an 18 foot cut City Attorney Mantzans stated the variance runs with the property Item No. 7 — Variance Request Christopher Bolling Pnncipal Planner Henschel presented the vanance request to allow for a six foot high fence to be located in the street side front setback. Staff recommended denial of the vanance request. Council Member Mullins noted a discrepancy with the drawing presented. The applicant was not present. City Manager Saunders recommended tabling this item to the next meeting as the applicant was not present and there was a discrepancy. Council Member Goodgame moved to table to the next meeting: seconded by Council Member Mullins The motion passed with all members present voting aye. Item No. 8 — Variance Request Kurtzs Baguley Pnncipal Planner Henschel presented the vanance request located at 350 Dagama Dnve. The applicant proposed to install a 6 foot tall fence located in the street -side front setback between the city right -of -way and the secondary front of the applicant's house Fences are allowed within this area as long as they do not exceed 4 feet in height. The Land Development Code requires a positive finding on eight items in order to grant a vanance and staff believes there is one of eight that does not meet the fmdings Staff recommended denial of the vanance request. Applicant Kurtis Baguley was present to request approval. Mayor Turville opened the public heanng. Teresa Bhoj, 3031 Chavez Avenue, expressed concern with the location of the fence so close to a bus stop Mayor Turville closed the public heanng. Council Member Goodgame questioned the purpose of the fence. Mr Baguley noted the fence is for privacy and received approval from the homeowners association to install the fence. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING March 27, 2012 Laura Chacon, 205 Giovam Blvd , expressed concern with the visibility of the bus stop if the fence were ' installed. Council discussed the location of the bus stop as it relates to the fence. Council Member Mullins commented it is a concern for the parents however the applicant does have property nghts. Council Member Mullins moved to grant the vanance requested: seconded by Council Member Van Wagner Under discussion, Mayor Turville agreed with Council Member Mullins assessment. The motion assed•with all members present voting aye. P g e. Y Item No. 9 — Property Purchase Police Station Site City Manager Saunders reported the Council directed staff to negotiate a purchase of the site deemed to be the first choice for the location of a new police station located at the southwest corner of Citrus Tower Blvd. and Hooks Street Staff met with the owner. There is a contract for the sale and purchase of the site for $1 2 million. This is $100,000 less than the appraised value. As part of the agreement, the seller agreed to grade the property according to the city's specifications once the site plan has been developed. The owner also' agreed to install the master storm water pipe from the corner of the lot down into the master storm water pond so there will not be any requirement for onsite retention. The funds allocated for this project is $5,250,000 and will add $1,000,000 to the cost of the project Currently appropnated all of the police impact fees for the project and appropnated other dollars from the infrastructure fund and from the previous fund for the waterfront community center. To proceed with the plan to purchase the property for this site, there will be approximately $1,000,000 to be appropriated. To move forward immediately, we will have to use General Fund reserves to cover the cost. There_is an option by delaying the start of construction by 6 months and move into the following budget year and would have $1,800,000 available m the infrastructure fund to help fund this. Mayor Turville commended CityManager Saunders and staff on negotiating the price. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Dnve, urged Council to approve and move forward Ann Dupee, 389 Division Street, supported the proposal. Mayor Turville closed the public heanng. Council Member Goodgame and Council Member Hogan requested to move forward as quickly as possible. City Attorney Mantzans reviewed the minor changes made by the seller. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING March 27, 2012 Council Member Hogan moved to approve immediately, seconded by Council Member Mullins. Under discussion, Council Member Mullins commented this is the best use of taxpayer funds as it will save money in the long run. The motion passed 4 to 1 with Mayor Turville opposing Council Member Mullins commented the interest is to move ahead as quickly as possible and borrow from future revenue. City Manager Saunders noted staff understands the intent. ADJOURN: With no further comments, this meeting was adjourned at 8:38pm APPROVED: d F#40,. r d S Turvi e, ayor ATTEST: Tracy Sr. oyd, City Cle 7