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02-26-2013 Regular Council Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING February 26,2013 The Clermont City Council met in a regular meeting on Tuesday, February 26, 2013 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, Bates and VanWagner Other City officials present were: City Manager Gray,City Attorney Mantzaris and City Clerk Ackroyd. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance MINUTES February 12, 2013 Regular Council Meeting Council Member Goodgame moved for the approval of the regular meeting minutes of February 12, 2013 as submitted; seconded by Council Member Mullins. The motion passed with all members present voting aye. PUBLIC COMMENTS Gail Ash, 3365 Saloman Lane, expressed concern with the red light cameras recently approved by the City Council as it relates to a bill in the legislature banning the cameras She requested the city not install the cameras until the bill is resolved as it would not be equitable for the city. City Manager Gray noted staff will be meeting with the contractor for the permitting cycle with the installation time frame in May.Mayor Turville commented the city would be watching the Legislature. City Attorney Mantzans stated the contract with the vendor has a provision that if the statutory language that authorizes it is removed or the city is no longer able to have the cameras, the city bears no financial nsk. REPORTS City Manager Gray reminded Council the next workshop has been scheduled for Thursday, March 21 at 6.00pm The city was awarded the Kaboom grant for a playground at West Park The design meetings will be held on March 4 and 5 at the First Umted Methodist Church in Clermont City Attorney Mantzaris—No Report Council Member Bates reported on attending the Lake County Days held in Tallahassee last week They met with Senators and State Representatives on Lake County issues He congratulated Dr Dot Richardson on receiving the Citizen of the Year award by the South Lake Chamber Congressman Webster was welcomed into the city with an office located at City Hall. Senator Alan Hays will have a nbbon cutting on Thursday at 8:30am with an office at City Hall as well. The South Lake Hospital and National Training Center(NTC)has planned an event on Fnday,March 1 at 10.00am for the unveiling of a new plan for programs and the new design of their fitness center Council Member Goodgame reported the Fire Department presented an equipment demonstration at the Kings Ridge Men's Club meeting. He requested Fire Chief Bishop comment on Captain Anderson 1 City of Clermont MINUTES REGULAR COUNCIL MEETING February 26,2013 Fire Chief Bishop stated Paul Anderson will be leaving the City of Clermont after 32 years of service to take the Chief position of Immokalee. A farewell reception is being planned for March 28 at the Highlander Pavilion. Council Member Goodgame reported the Metropolitan Planning Organization (MPO) board has authorized the Turnpike Authority to do a traffic study for the Lake Orange Parkway. It is a roadway to be built in the sector area that is being planned between Lake Louisa Road and Independence Parkway on the 429 The traffic study will provide funding and grant assistance for the roadway He also reported on the Tourism Board year to date revenues Council Member Goodgame expressed concern with the number of red light cameras approved by the City Council He requested City Manager Gray reduce the number of cameras by 8 to 10. Council Member Goodgame moved to instruct City Manager Gray to review the locations and reduce the number of cameras by 8 or 10; seconded by Council Member Mullins for discussion. City Manager Gray expressed concern with the request from Council Member Goodgame and preferred to bring this back to the City Council for consideration. Mayor Turville agreed with City Manager Gray to place on an agenda. Council Member Goodgame withdrew the motion Council Member Mullins reported the first Art Walk was a success and the next one is schedule for Friday,May 3. Council Member Van Wagner asked for clarification on the red light cameras. Council Member Goodgame stated he withdrew the motion and accepted the recommendation to place on a workshop for discussion City Attorney Mantzans understood the item is to be placed on a Council meeting agenda; not a workshop Council Member Goodgame moved to have City Manager Gray look at the locations and work with Chief Broadway to see if there is a possibility to reduce the camera number by 8 to 10 City Attorney Mantzans asked for clarification on the motion The motion was then seconded by Council Member Mullins Mayor Turville clarified the motion is to place on an agenda The motion passed 3 to 2 with Council Members Bates and Van Wagner opposing. Mayor Turville commented on the amount of traffic 2 City of Clermont MINUTES REGULAR COUNCIL MEETING February 26,2013 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-Caribbean American Association of Lake County Approve Waterfront Park event request Item No. 2—Consultant Scope of Services Approve consultant scope of service for voice/data infrastructure,CCTV, access control,and audio/visual engineering services for the Police Department Item No. 3-Bid Award;Fire Apparatus Repairs Approve piggyback with Punta Gorda contract for Hall-Mark Fire Apparatus to perform repair services as needed Item No. 4-Bid Rejection; Vision and Strategic Plan Guidance Approve request to reject all bid responses Item No. S-Resolution 2013-06;Medical Plan Approve retiree medical contribution resolution and employee medical plan changes Item No. 6-Personnel Policy Update Approve Personnel Policy changes Item No. 7-Legal Counsel Approve new engagement DeBeaubren,Knight, Simmons, Mantzaris&Neal letter to serve as City of Clermont Legal Counsel Item No. 8-ADA Policy Approve Americans with Disabilities Act Policy Item No. 9-Jenkins Auditorium Building Authonzation to demolish Council Member Goodgame moved that consent agenda items 1 — 9 be approved as written: seconded by Council Member Mullins. The motion passed with all members present voting aye. Christopher Barrett,2785 Falcon Ridge,invited all to attend the Caribbean American Festival 3 City of Clermont MINUTES REGULAR COUNCIL MEETING February 26,2013 UNFINISHED BUSINESS Item No. 10 Ordinance No. 2013-02—Final Hearing Pnncipal Planner Henschel presented the ordinance to amend the goals, objectives, and policies of the Capital Improvement Element (CIE) of the comprehensive plan to update the 5 year schedule of the capital improvements The Capital Improvements Element of the comprehensive plan identifies capital projects needed to maintain adopted level of service standards.The element includes policies and projects to reduce existing level of service deficiencies. In addition, the element outlines a schedule for construction of necessary improvements and expansions to accommodate new growth. It includes estimates of the cost of public improvements, and it demonstrates the ability of the City to finance and construct the improvements Local governments are required to adopt annual updates to the Capital Improvement Element. Statutory requirements provide for an expedited adoption process for CIE amendments with a single public adoption hearing. A transmittal hearing is no longer required for annual updates. Amendments to the element are required to change a project's scheduled construction date. The City will also annually update Policy 1 6 2 to identify the current Lake County Schools facilities master plan and its adoption date. Mayor Turville read Ordinance 2013-02 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, amending the Comprehensive Plan of 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 Capital Improvements Element 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. City Manager Gray commented the City has to amend the comprehensive plan with the Capital Improvement Element annually. Mayor Turville opened the public hearing There were no comments Mayor Turville closed the public heanng Council Member Mullins moved for the adoption of Ordinance 2013-02, seconded by Council Member Goodgame The motion passed 5 to 0 on a roll call vote. Item No. 11 Ordinance No. 2013-04—Final Hearing Mayor Turville read Ordinance No 2013-04 aloud by title only An Ordinance of the Code of Ordinances of the City Council of the City of Clermont, Lake County, Florida, amending the Code of Ordinances, Chapter 98 Parking and Vehicular Use Areas, creating a new Section 98-16 Bicycle Parking Space Requirement, Chapter 102 Signs, Section 102-2 Definitions, Section 102-7 Exempt Signs, Section 102- 15 Permitted Signs, Chapter 118 Vegetation, Article II Landscaping, Section 118-36 Plant Matenal, Section 118-37 Landscape Buffers, Chapter 122 Zoning, Division 10, C-1 Light Commercial District, Section 122-203 Permitted Uses, Section 122-204 4 City of Clermont MINUTES REGULAR COUNCIL MEETING February 26,2013 Conditional Uses, Section 122-206 Yards; Chapter 122, Division 11, C-2 General Commercial District, Section 122-223 Permitted Uses, Section 122-224 Conditional Uses, Section 122-226 Yards, providing for codification, severability, effective date, and publication Economic Development Director Hitt presented the Land Development Code changes with 12 section amendments for inclusion into the Clermont Code of Ordinances. Staff reviewed the changes at the Council workshop held last week and recommended approval Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, expressed concern with the portion dealing with trees and interior landscaping. He asked Council to strike the entire portion dealing with trees. Mayor Turville preferred to approve the ordinance and then reevaluate to amend it at a later date City Manager Gray noted staff has started the review process. Mayor Turville closed the public hearing Council Member Mullins agreed Council Member Goodgame suggested a horticulturist provide a recommendation of less evasive plants Council Member Mullins moved for the adoption of Ordinance 2013-04; seconded by Council Member Goodgame The motion passed 5 to 0 on a roll call vote. NEW BUSINESS Item No. 12 Variance Request—Jorge Gonzales Principal Planner Henschel presented the request to install a 6 foot tall fence located in the street side front setback between the city nght-of-way and the secondary front of the applicant's house. Per city code, fences are allowed within this area as long as they do not exceed 4 feet in height. The applicant intends to keep a 14 foot setback off of the sidewalk but this area still limits the fence to four feet in height The type of fence requested is a white privacy plastic fence. Staff recommended denial based on one of the findings not met Jorge Gonzalez,applicant,was present to request approval Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public heanng Council Member Mullins moved to grant the variance; seconded by Council Member Van Wagner. Under discussion, Mayor Turville questioned whether other fences were permitted in the subdivision Principal Planner Henschel confirmed there are others in this subdivision.This current code has only been in place for approximately 3 years Pnor to that,fences were permitted in this area 5 City of Clermont MINUTES REGULAR COUNCIL MEETING February 26,2013 Council Member Mullins requested the code be amended in this area. City Manager Gray noted staff has this on the list to review during the next code amendments Mayor Turville stated the provision for a 6 foot tall fence needs to address whether it is on a corner lot The motion passed with all members present voting aye Item No. 13 Variance Request—Diana Carlton Pnncipal Planner Henschel presented the variance request to allow for the permanent removal of one canopy tree on a single family lot rather than the mmimum requirement of three trees for each single family lot. The applicant is overwhelmed by existing oak trees planted in the front and rear yard.The two oak trees that remain on the lot are extremely large and cover most of the lot with their canopy The applicant has removed one canopy tree that was causing foundation issues and was being crowded out by existing trees Per city code, a replacement tree is required in this case. Since the two remaining oak trees cover the majority of the lot with their canopy, the applicant requested not to replant a third canopy tree back on the lot. Staff recommended approval. Diana Carlton,applicant,was present to request approval Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing Council Member Van Wagner moved to approve the vanance, seconded by Council Member Mullins Under discussion, Council Member Van Wagner would like staff to review this code. City Manager Gray will add to the list The motion passed with all members present voting aye. Item No. 14 JPA Review Economic Development Director Hitt presented the Joint Planning Area review. Lake County Planning and Zoning has requested comments from the City of Clermont regarding the 1,197 acre sand mine located on the east side of Highway 27 near Scholfield and Cook Road. The proposal is to mine the property over a period of 25 to 35 years Mined matenals will be used for local and regional markets, roadways, commercial and residential construction, concrete and other various applications. This proposed mine is partially located within the Joint Planning Area and is entirely within the newly proposed South Lake Sector Plan area Until the sector plan is completely developed, staff feels this long term mining use could hinder the goals of the South Lake Sector Plan and recommended denial of the use until the South Lake Sector Plan is approved Staff requested comments and recommendations for this project. These comments will then be forwarded to Lake County Planning and Zoning and the Lake County Board of County Commissioners City Manager Gray stated with the JPA agreement, the City does not have junsdiction on land use; staff will forward the City Council recommendation to Lake County The County Commission has postponed this item until Apnl 6 City of Clermont MINUTES REGULAR COUNCIL MEETING February 26,2013 Roger Simms, partner with Holland and Knight, was present. He noted the intent is to participate in the sector plan process. He requested the Council to consider allowing the opportunity to demonstrate that the proposed reclamation land use is developable Furthermore,will not leave the site in a way to interfere with the sector planning process. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing The City Council inquired about the mining operation and expressed concern with the proposed project as it relates to the sector plan. Mayor Turville suggested to recommend to Lake County that our sector plan is dependent upon trying to maintain this land as it is until there is a plan to have it developed based on the plan and not be compromised. Council Member Mullins expressed opposition to the request noting the timing is not good along with the proximity to the environmentally sensitive Council Member Mullins moved to recommend they put off until the sector plan is done., seconded by Council Member Goodgame. Mayor Turville clarified the motion is to recommend to the County to not approve until we have a plan in place The motion passed with all members present voting aye. Item No. 15 Kings Ridge Scoreboard Economic Development Director Hitt provided an update on a scoreboard located at Kings Ridge Golf Course. The documents submitted reflect a 380" x 124" scoreboard with an attachment on top. Wording includes "Granite signs in each panel". The applicant explained that scores would be done within the 5 larger panels, and sponsors would be placed in the perimeter areas. Existing requirements for scoreboards is not in the code and because other boards have been installed throughout the city, staff researched those scoreboards for sponsorship/advertising existence The issue was to avoid a double standard for public and pnvate uses Staff research revealed that Hancock Park, Palatlakaha Park,Bishop Park and the National Training Center softball fields all had scoreboards with sponsorship signage. The common component was that they do not directly face any street, but face internal to the fields or sports facility. Mr.Hitt provided a chronology of the permit process and displayed photographs of the site. Council Member Van Wagner disclosed he met with the company that owns the signs for the project at Legends and Kings Ridge They were able to resolve issues at Legends. They did not do what they said they would do at Kings Ridge as it relates to the placement of trees so the traffic would not see the signs City Manager Gray stated he attended the meeting with Council Member Van Wagner and worked with the Homeowners Association and the contractor They were able to work out a resolution for the Legends. The issue is with the golf course and the Homeowners Association At Kings Ridge, their issue is being able to see advertising on the scoreboard from Kings Ridge Blvd. The contractor was asked to screen that area to not see advertising They have not completed that side of the landscaping to screen the view from Kings Ridge Blvd.City code does not address scoreboards. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING February 26,2013 Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, noted he sits on the Kings Ridge Master Board and this is on the agenda for the next meeting to discuss a proposed resolution He expressed concern with the sign logo displays.It was described as being black on the backside of the sign which is not how it appears. City Attorney Mantzans stated there are two entities involved One entity built and constructed and one that applied for the permit for this structure. They have an arrangement where they sell space on the scoreboard and build it for the golf course The company that applied for it built the scoreboard and markets the sponsorship panels. Mr Purvis stated not everyone in Kings Ridge dislikes the sign. The permit was pulled for $3,600 and that number corresponds to the concrete footer work; not the actual cost of the sign. He requested landscaping to cover it up. Mayor Turville closed the public hearing. Council Member Goodgame would like landscaping to hide the scoreboard from Kings Ridge Blvd. City Manager Gray stated it is better to go through the Homeowners Association and will meet with them and the golf course to discuss screening the scoreboard. Staff will also review the application Council Member Goodgame noted the application should be corrected and to pay the proper permit fee. Council Member Van Wagner questioned the sketch. City Attorney Mantzaris stated the sketch referred to was done after the plans were submitted, permit approved and after City Manager Gray met with individuals expressing concern. It is not part of the permit. There was an agreement to do the landscape and have not complied with that agreement; it was a post permit agreement to put in the landscape City Manager Gray stated staff will hold them to the agreement and will work together to finish the project. City Attorney Mantzaris stated there was a commitment to make the Homeowners Association happy therefore input from the Homeowners Association is important There is a conflict between a tree root system and utility lines that has to be addressed Council Member Goodgame stated the resolution requested is for the golf course to plant more trees. Mayor Turville stated staff will review what occurs at the meeting tomorrow and determine if they have a role in the matter and to take a position regarding the permit He requested another update in two weeks. ADJOURN: With no further comments,this meeting was adjourned at 9 02pm APPRO lil a+ _ � Harold S. urville,Mayor ATTEST: �� _/ Tracy A kroyd,City Cl k • �t' \ • 8