Loading...
11-25-2003 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING November 25, 2003 The Clermont City Council met in a regular meeting on Tuesday, November 25, 2003 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 Ash, Caputo, Mullins and Renick. Other City officials present were: City Manager Saunders, City Attorney Guthrie, Administrative Services Director Van Zile and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation, followed by the recitation of the Pledge of Allegiance. MINUTES Minutes of Council Workshop held November 5, 2003 and Regular Council Meeting held November 10, 2003. Council Member Renick and Council Member Ash asked for modifications to the November 5th workshop minutes. Council Member Caputo moved for approval of the minutes as amended; seconded by Council Member Mullins. The motion passed with all members present voting "aye." REPORTS City Manager Saunders recognized Police Chief Story - a team of assessors from the Commission of Florida Law Enforcement Accreditation has recommended the Clermont Police Dept. receive state accreditation and national recognition for meeting all requirements. "Light Up Clermont" is scheduled for December 5 and 6 and the Open House for City Hall is Dec. 13 at 10am. The next workshop has been scheduled for Dee. 3 at 7:00pm. City Attorney Guthrie submitted his resignation as the City Attorney to become effective January 31,2004. Council Member Ash - No Report Council Member Caputo - No Report Council Member Renick- No Report Council Member Mullins - No Report Mayor Turville - No Report 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. Boyle Engineering-Engineering Services Approval of Task Order for professional services to upgrade lighting at Hancock and Palatlakaha Parks Purchase Approval Rollout garbage cans from Otto Waste System for $35,960 City of Clermont MINUTES REGULAR COUNCIL MEETING November 25, 2003 Policy Approval Job/Applicant Employee Background Investigation Policy Agreement Approval Background Investigation Services Agreement with First Lab Agreement Approval Armored Transport Services Agreement with Loomis, Fargo & Co. Council Member Mullins moved to accept the consent agenda; seconded bp Council Member Caputo. The motion passed with all members present voting "ave." UNFINISHED BUSINESS Ordinance 328-C- Final Hearing Mayor Turville read Ordinance 328-C aloud by title only. An Ordinance of the City of Clermont, amending and restating the City of Clermont Firefighters' Pension Trust Fund, as adopted by Ordinance No. 305-C; providing for codification; providing for severability of provisions; repealing all Ordinances in conflict herewith; providing plan benefit improvements limitation; and providing an effective date. Mayor Turville stated this a Public Hearing. Council Member Mullins moved for adoption of Ordinance 328-C; seconded bp Council Member Caputo. The motion passed with all members present voting "ave." Ordinance 329-C- Final Hearing Mayor Turville read Ordinance 329-C aloud by title only. An Ordinance of the City of Clermont, amending and restating the City of Clermont Police Officers' Pension Trust Fund, as adopted by Ordinance No. 304-C; providing for codification; providing for severability of provisions; repealing all Ordinances in conflict herewith; providing plan benefit improvements limitation; and providing an effective date. Mayor Turville stated this a Public Hearing. Council Member Mullins moved for adoption of Ordinance 329-C; seconded bp Council Member Ash. The motion passed with all members present voting "ape." City of Clermont MINUTES REGULAR COUNCIL MEETING November 25, 2003 Resolution 1348- Crustal McCall, Rusty Fox Mayor Turville read Resolution 1348 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to amend Resolution No. 660 to allow for the expansion of an existing restaurant. Planning and Zoning Director Barry Brown briefed Council of this request for a CUP for a Chickee Hut. Mr. Brown stated that staff does not support the variance and amendment to the CUP. However, if the structure did not encroach into the setback from 12m Street more than the existing nonconforming building, staff could support the request. The Planning & Zoning Commission recommended denial of the request. Mr. Brown added conditions if Council approves the CUP and variance to include the following: I Provide landscaping per code around the dumpster; 2 Remove asphalt on City right-of-way along Montrose between the dumpster and the east property line; 3 Installation of landscaping and irrigation per code along Montrose between the dumpster and east property line; 4 Prohibit parking on City right-of-way at the northwest corner of the property and provide at last a ten foot wide no parking area at the northwest corner of the property; 5 Provide a landscape buffer along north property boundary. The owner is willing to adhere to the recommended conditions. Council Member Caputo suggested adding language into the CUP regarding noise complaints. Attorney Guthrie added the following language to be included in the CUP for number six (6) to read: no outside sound or amplification permitted and if noise complaints occur, this approval may be rescinded and City Council may require removal of the structure. Council Member Renick moved to approve Resolution 1348 with the changes as suggested by staff and with the additional language by ~lttorne¥ Guthrie; seconded by Council Member Mullins. Council Member Mullins added to include in the motion a timeline of 6 months on the landscape improvements. Council Member Caputo added to the motion to not have electricity; seconded by Council Member Mullins. The motion passed 3 to 2 with Council Members Caputo, Mull!ns and Renick voting "aye" and Council Member Ash and Mayor Turville opposing. Variance Request - Rusty Fox Restaurant Council Member Renick moved to approve the variance request for Rusty Fox in accordance with the terms in the CUP; seconded by Council Member Mullins. The motion passed 3 to 2 with Council Members' Caputo, Mullins and Renick voting "ape" and Council Member Ash and Mayor Turville opposing. NEW BUSINESS City of Clermont MINUTES REGULAR COUNCIL MEETING November 25, 2003 Resolution 1353 - South Lake Lutheran Church Mayor Turville read Resolution 1353 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 the operation of a church in the C-2, General Commercial Zoning District. Planning and Zoning Director Barry Brown advised Council that staff and the Planning and Zoning Commission recommends approval of the CUP request as drafted. Mayor Turville advised members of the audience the meeting will remain in Quasi Judicial Mode. City Clerk Ackroyd swore in Greg Sahlstrom, 2535 Rollins Avenue, South Lake Lutheran Church Pastor. Mr. Sahlstrom addressed the Council regarding the request. Council Member Mullins moved to adopt Resolution 1353; seconded bp Council Member Caputo. The motion passed with all members present voting "aye." Resolution 1354- First United Methodist Church Mayor Turville read Resolution 1354 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 the operation of a church in the CBD, Central Business District. Planning and Zoning Director Barry Brown recommended approval of the request for a CUP amendment to allow for the expansion of an existing church campus. City Clerk Ackroyd swore in Terrance Hoehn, 9335 Meadow Crest Lane; Peter Geigel, 3909 Scarborough Court; Andrea Crossley, 517 West Avenue; Randy Crecelius, 695 Lemon Street. Mr. Hoehn and Mr. Crecelius spoke on behalf of First United Methodist Church seeking approval of the request. Mr. Geigel inquired about the impact this decision will have on the City's tax rolls. Mayor Turville stated the hospital was not on the tax rolls therefore the City has not previously had a tax revenue from that site. Ms. Crossley expressed disappointment as a retail merchant in the downtown area. Council Member Mullins moved for adoption of Resolution 1354; seconded by Council Member Renick. The motion passed with all members present voting "aye." City of Clermont MINUTES REGULAR COUNCIL MEETING November 25, 2003 Resolution 1355 - South Lake Music Academy Mayor Turville read Resolution 1355 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 the operation of a music studio' in the R-3 Residential/Professional Zoning District. Planning and Zoning Director Barry Brown informed Council of staff's recommendation for approval of the request for a CUP to allow a music academy to operate at 780 Almond Street. City Clerk Ackroyd swore in the applicant Joseph Eberline, 576 W. Minneola Avenue. Mr. Eberline is requesting the use ora residential home for a music teaching facility. Council Member Caputo moved_for adoption of Resolution 1355; seconded by Council Member Mullins. The motion passed with all members present voting "aye." Mayor Turville called for a recess at 8:39pm and the meeting reconvened at 8:52pm. Ordinance No. 459-M- Final Hearing Mayor Turville read Ordinance No. 459-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, providing for the annexation ora certain parcel of land contiguous to the present city boundaries; providing for an effective date; providing for severability; and providing for publication. Planning and Zoning Director Barry Brown informed Council that the owner is requesting annexation of 442 acres and provision of City utilities and services as well as a Conditional Use Permit to create a Planned Unit Development for an age restricted residential community. Staff recommends approval of the Conditional Use Permit. Furthermore, the Planning & Zoning Commission recommends approval of the Planned Unit Development. Mr. Brown addressed the conditions stated in the PUD. City Clerk Ackmyd swore in the following: Cecelia Bonifay spoke on behalf of Center Lake Properties. She reviewed the document and suggested modifications. Bruce Lawson, 1839 Black Lake Blvd., Winter Garden, representing Lennar Homes, advised Council the irrigation system will be individually metered at each home. Tina Demostene, represented Glatting Jackson, 33 East Pine St., Orlando. She reviewed the proposed master plan and agreed with staffs recommendations. Peter Geigel, 3909 Scarbomugh Court, a resident of Kings Ridge is opposed to the use of Kings Ridge as a marketing center for the proposed Vista Royale and asked Council to include a restriction when approving the request. City of Clermont MINUTES REGULAR COUNCIL MEETING November 25, 2003 Roy Gordon, 4134 Kingsley Street, concurred with Mr. Geigels' remarks and supports approval of Ordinance 459M. Todd Whitlock, 3773 Glenford Drive, is concerned with the signage height. Jim Purvis, 4206 Hammersmith Dr, supports annexation and is concerned with the City's consideration of owning, operating and maintaining the well for the new development. Tyler Rogers spoke as an adjoining property owner to Kings Ridge and voiced concern ora buffer and road impacts. Robert Knopf, 4202 Hammersmith Dr., concurred with Kings Ridge residents regarding the model center. Cecelia Bonifay responded to the issues conveyed by the residents of Kings Ridge and stated her client is not interested in annexation without approval of the Conditional Use Permit. Discussion ensued amongst the Council Members to consider approval. Mayor Turville called for a recess at 11:36pm and the meeting reconvened at 11:46pm. City Manager Saunders read through the list of modifications to the conditions as discussed by Council to include: Page two (2), number nine (9) corrections "must be executed" Add a number 11 to read "Property shall be an independent development and shall not become part of the Kings Ridge Development as an addition or extension of the Kings Ridge Community Association Incorporated." Section two (2) - Land Use under the first paragraph - The parcel shall be developed as a residential Planned Unit Development. The community shall be owner occupied and age restricted. The remainder of the sentence will be eliminated and leave the last sentence of the first paragraph. Page three (3) add condition nine (9) - The project shall have an on-site sales and model center. Section three (3), number two (2) - change the word "remain" to "be in compliance by June 4, 2004" with the rest of the sentence to read as stated. Also, add the language "execute a document that allows the City to enforce the provisions of the development agreement with Lake County. Section three (3) number five (5) - add language "after initial grading plan has been completed the future grading will conform to the City's grading code." Page four (4), section five (5) - At the end of number one (1) - "The City shall operate and maintain the well and distribution mains up to and including the irrigation meters." Section six (6) - Transportation Improvements - Number one (1) remove the word "a minimum" in the last sentence. Section six (6) number two (2) replace the word "if" with "it". 6 City of Clermont MINUTES REGULAR COUNCIL MEETING November 25, 2003 Page five (5) add a number 11 - A second entrance to the development will be required prior to the issuance ofa C.O. for unit number 301 and a connection will be made to Hartle Road prior to the development olD and H. Section seven (7) number four (4) - Amend to read their signage would meet all current sign codes. Council Member Caputo moved to require the applicant for the CUP to provide "F" curbs in the entire community; Mayor Turville passed the gavel to second the motion. The motion passed 3 to 2 with Council Members' Caputo and Renick and Mayor Turville voting "aye" and Council Members Ash and Mullins opposing. City Manager Saunders advised Council that the Conditional Use Permit number nine (9) would be amended to read the "F" type curb will be provided throughout the community. Council Member Mullins moved for adoption of Ordinance 459-M; seconded by Council Member Caputo. The motion passed 3 to 2 with Council Members Ash, Caputo and Mullins voting "aye" and Council Member Renick and Mayor Turville voting "nay". Resolution 1356 - Center Lake Properties CUP/PUD Mayor Turville read Resolution 1356 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit for a Planned Unit Development (PUD) to allow the construction of a residential subdivision. Council Member Mullins moved for adoption of Resolution 1356 and all of its amendments; seconded b~ Council Member Ash. The motion passed 4 to 1 with Council Members 'Ash, Caputo and Mullins and Mayor Turville voting "aye" and Council Member Renick opposing. City Manager Saunders called for a Point of Order regarding Ordinance 459M as the charter requires it to be approved by a roll call vote. Council Member Ash voted "aye"; Council Member Caputo voted "aye"; Council Member Renick voted "nay"; Council Member Mullins voted "aye" and Mayor Turville voted "nay". Mayor Turville stated this is the end of the published agenda and opened the floor for any further comments. ADJOURN: With no further comments, the meeting was adjourned at 12:24am. ~r Hal Turville ATTEST: Tracy/~kroyd, City ~/l~rk