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12-14-2004 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING • December 14, 2004 The Clermont City Council met in a regular meeting on Tuesday, December 14, 2004 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, Ash and Renick. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. MINUTES Approval of Minutes of the Council Meeting held September 28, 2004 Council Member Renick moved approval ofminutes or September 28 2004 as written • seconded by Council Member Mullins. The motion~assed with all members present voting "ay_e ". REPORTS City Manager reminded the Council that historically the 2°a meeting in December is canceled and asked Council for approval. Council Member Goodgame moved to cancel the scheduled Council meeting of December 28 • seconded by Council Member Mullins. The motion passed with all members present voting "aye ". .City Attorney Mantzaris - No Report Council Member Ash - No Report Council Member Goodgame complimented City Clerk Ackroyd for the City Hall holiday decorations. Council Member Mullins complimented staff on Light Up Clermont and the parade. Council Member Renick - No Report Mayor Turville - No Report CONSENT AGENDA Item - 1 Surplus Property Item - 2 Contract Approval Item - 3 Contract Approval ~tem - 4 Agreement Approval Declare Old City Hall as surplus property and set minimum bid amount of $800,000. Request contract approval with Slavin Management Consultants to assist with the recruitment of a new Police Chief Request contract approval with McCree Construction to provide DesignBuild Services for Fire Station #2 Request approval for the City to retain Public Services Management Group for review and update of Impact Fees City of Clermont MINUTES REGULAR COUNCIL MEETING December 14, 2004 Item - 5 Agreement Approval Approval for inspections and maintenance agreements for City Hall: 1) Air wall Service - HUFCOR/Orlando, Inc.; 2) Fire Sprinklers System -Eagle Fire Protection; 3) Fire Alarm & Detection - Simplex Grimell; 4) Roofmg-Sunshine Roofmg; 5) HVAC - Trane Item - 6 Fee Reduction Request approval for fee reduction for tournament held by the Clermont Girls Softball League, Inc. Council Member Ash moved acceptance of consent agenda items 1 - 6 as written • seconded by Council Member Mullins. The motionpassed with all members present voting "ave ". UNFINISHED BUSINESS Ordinance No. 497-M Mayor Turville read Ordinance 497-M 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; providing for severability; and providing for publication. Council Member Mullins moved introduction of Ordinance 497M,• seconded by Council Member Renick. The motion passed with all members present voting "ave ". Ordinance No. 484 M Mayor read Ordinance 484-M aloud by title only. An Ordinance of the City of Clermont, Florida, adopting the Small Scale Comprehensive Plan Amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes; setting forth the authority for adoption of the Small Scale Comprehensive Plan Amendment; setting forth the purpose and intent of the Small Scale Comprehensive Plan Amendment; providing for the adoption of the Small Scale Comprehensive Plan Amendment; establishing the legal status of the Small Scale Comprehensive Plan Amendment; providing a severability clause; and providing an effective date. Council Member Mullins moved introduction of Ordinance 484M.• seconded by Council Member Renick. The motion passed with all members present voting? "aye ". Ordinance No. 498 M Mayor read Ordinance 498-M aloud by title only. • 2 • City of Clermont MINUTES REGULAR COUNCIL MEETING December 14, 2004 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, providing for an effective date and providing for publication. Council Member Mullins moved introduction ofOrdinance 498-M• seconded by Council Member Renick. The motion passed with all memberspresent voting~a~ ". Resolution No. 1414 Mayor read Resolution 1414 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 for the construction of a retail center that will accommodate eight (8) businesses. Planner Henschel described the Conditional Use Permit request for a retail shopping center with more than four (4) users. Steve Kelley is the applicant and the site is in the Kings Ridge area. In 3uly 2004, the developer obtained approved plans by the city to build the shopping center as presented on the site plan. At that time only four (4) users were planned for the building, not requiring the Conditional Use Permit. The developer is now proposing eight (8) users without an increase in space. Mr. ~Ienschel noted one change in the Conditional Use Permit in section 2 -Land Use in the 2"d sentence -Restaurants are not permitted -staff recommended omitting that statement. Furthermore, the user would have to prove that remaining parking is adequate. Staff recommends approval of the request. Applicant, Steve Kelly, was present. The building is the same except for additional users instead of the original four. Mayor opened the Public Hearing. There were no comments. Mayor closed the Public Hearing. Council Member Ash addressed one of the allowed uses in the Developers Agreement Page 4 section G. She requested changing that section to read "No auto repair or tire/muffler sales or similar uses" and eliminate the remainder of the sentence. Council Member Renick concurred. City Attorney Mantzaris pointed out her recommendation is in the Developers Agreement. Then, he suggested putting it in section 2 of the Conditional Use Permit where Planner Henschel recommended omitting that sentence about the restaurant on page 2 of Resolution 1414. Council Member Goodgame questioned having access on the north side of the property on Hwy. 27. Mr. Steve Kelley addressed Council Member Ash's recommendation and stated he has no problem with the suggested language change. Furthermore, he would like to have another access on Hwy. 27 however in meeting with staff, it was recommended to add a third lane. 3 City of Clermont MINUTES • REGULAR COUNCIL MEETING December 14, 2004 Council Member Goodgame questioned staff on putting in a right-out exit. City Manager Saunders explained that possibility had not been reviewed with the Department of Transportation. Council Member Ash moved to approve Resolution 1414 as amended under land use of the CUP • seconded by Council Member GoodQame. The motion passed with all members present voting "aye" Resolution No. 1416 Mayor Turville read title aloud. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to amend Resolution No. 13 83 to remove the condition that Grand Highway improvements be complete at the time of issuance of a Certificate of Occupancy. Planner Henschel explained the Conditional Use Permit to remove a requirement for intersection improvements prior to issuing a final certificate of occupancy. Staff continues to maintain their position and believes the intersection improvements are essential for the project to function properly. Furthermore, staff recommends denial ofthe request; however, if council approves additional time for the intersection improvements staff would agree to a temporary solution to Grand Highway. City Manager Saunders stated the language in his memo regarding the revised language should be included in the resolution to .give additional time. In section Sa, the exhibit shows all improvements and the phases that will be made. He confirmed meeting with the engineers and representatives of BP. The statement was made to have a left turn lane into that connection from Grand Hwy. It can be accomplished from the drawing on Phase 1 by placing curb and gutter along the south side. There are no power line problems. There are no conflicts on the west side with proceeding on widening the road which would allow for the left turn lane. Mr. Saunders recommended the following language: Temporary improvements to Grand Highway that will provide a left turn lane into the site as shown on exhibit D shall be completed prior to the Certificate of Occupancy. Cecelia Bonifay, Akerman & Senterfitt, on behalf of BP, was present. She suggested amending SB from 180 days to 12 months or 365 days of Certificate of Occupancy. Mr. Saunders suggested if additional time is needed, Council could grant that. He recommended six (6) months from the Certificate of Occupancy. Mr. Wilson Milligan stated he expects to have permits from the County within the next 45 days and construction is approximately 75 days. City Manager Saunders stated it will be four (4) months before they are ready for a Certificate of Occupancy. Cecelia Bonifay added the client is out of pocket in terms of development expenses and timing. The utilities will require funding all costs up front. BP is trying to get the site underway in enough time to pay their consultants. She further asked for 12 months as opposed to 6 months. U 4 • Ciry of Clermont MINUTES REGULAR COUNCIL MEETING December 14, 2004 Mayor Turville asked if there were any comments from the public. There were no comments. City Manager Saunders recommended notifying Progress Energy and sending a check to move the poles as soon as possible. It should be able to be accomplished within 10 months from now. Cecelia Bonifay requested a compromise with either a 10 month time frame from the Certificate of Occupancy or for Council to agree to an administrative determination. Mayor Turville clarified the request made by stating if Council agreed to the administrative determination and the applicant was not satisfied with the outcome of the process, they would appeal it to the Council. Ms. Bonifay confirmed. City Attorney Mantzaris questioned whether Council would be comfortable putting the administrative determination in the Managers hands or his designee. Mayor Turville agreed with that arrangement and commented if the applicant has concerns with the determination, they could return with a request for an extension. • Council Member Renick stated staff is still recommending denial of the request. Mayor Turville explained the City Manager is suggesting the abbreviated time frame and then it would be his determination if it needed to be extended based on circumstances outside the applicants control. Council Member Goodgame thinks this decision is premature for a decision tonight. He suggested they first take care of permitting from county then Progress Energy and then come back in March. Council Member Ash noted when they came to the last meeting, the intent was a willingness to accommodate BP and the problem was how to do it. BP and staffwere directed by Council to address the issues to return with a resolution to satisfy all parties concerned. The only point in contention now is the 180 days. The suggestion was made if it needs to be extended, our City Manager could decide or return to the Council with extenuating circumstances. Council Member Goodgame asked the applicant to do more work as far as a schedule and what the problems are. He also requested to be informed of the efforts taken to resolve the electrical problems and county permitting problems before coming to the City Council to finalize. Mayor Turville gave a brief history of the request and concurs with the suggestion made by City Manager Saunders. Council Member Renick inquired why staff is still recommending denial. City Manager Saunders stated that staffs position all along is that all improvements be completed before a Certificate of Occupancy is issued on the project before opening. This request came back as an amendment to the Conditional Use Permit to • allow additional time. Staffstill believes it is a bad situation unless everything is complete; however, if Council desires to give extra time; then he provided language to consider. Staffs position has not changed. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING December 14, 2004 Council Member Mullins suggested 9 months from county building permit or 6 months from issuance of Certificate of Occupancy whichever comes earlier. City Manager Saunders agreed with the recommendation. Mayor Turville concurred. The applicant is in agreement. Council Member Mullins made a motion to include the ollowin~language: Nine L) months from county permit or six (6) months from issuance of Certi irate of Occupancy and Wane would have the authorit~to grant an extension if reasonable progress were being made. Council Member Mullins moved adoption of Resolution 1416 as amended in section 3 Transportation Improvements number 5; seconded by Council Member Ash. The motion passed 4 to 1 with Council Member Renick opposing. Ordinance No. 487-M .Mayor read Ordinance 487M aloud by title only. An Ordinance ofthe City of Clermont, Florida, adopting the Small Scale Comprehensive Plan Amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes; setting forth the authority for adoption of the Small Scale Comprehensive Plan Amendment; setting forth the purpose and intent of the Small Scale Comprehensive Plan Amendment; providing for the adoption of the Small Scale Comprehensive Plan Amendment; establishing the legal status of the Small Scale Comprehensive Plan Amendment; providing a severability clause; and providing an effective date. Planner Hollerand advised Council the first reading was in September due to another closely related lazge scale which dealt with a text change necessary to accommodate this map change. This is to amend the Future Land Use Map to allow for a hotel use on the 3.4 acre parcel at the northwest corner of the intersection of Hunt Trace and Citrus Tower Blvd. The north part is residential and the southern portion is commercial and the applicant is requesting it all be commercial. It is currently zoned Urban Estate. Staff recommends approval. It is well suited for hotel use and will support the hospital and the National Training Center. Monica Grassi, applicant, requested Council approve the change due to being well suited for the expansion of the training center and the needs of the hospital and community. Mayor opened the Public Hearing. There were no comments. Mayor closed the Public Hearing. Council Member Renick moved to approve Ordinance 487M• seconded by Council Member Mullins. The . motion passed S/0 on a roll call vote with all members present voting "aye ". 6 City of Clermont MINUTES REGULAR COUNCIL MEETING December 14, 2004 NEW BUSINESS Ordinance No. SOI M Mayor Turville read Ordinance SO1M 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, providing for an effective date and providing for publication. Council Member Mullins moved introduction ofOrdinance S01 M• seconded by Council Member Renick The motion passed with all members present voting "ave ". Ordinance No. 499 M Mayor read Ordinance 499M 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; providing for severability; and providing for publication. Council Member Mullins moved introduction ofOrdinance 499M.• seconded by Council Member Renick. The motion passed with all members present voting "ave ". Ordinance No. S00 M Mayor Turville read Ordinance SOOM aloud by title only. An Ordinance of the City of Clermont, Florida, adopting the Small Scale Comprehensive Plan Amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes; setting forth the authority for adoption of the Small Scale Comprehensive Plan Amendment; setting forth the purpose and intent of the Small Scale Comprehensive Plan; providing for the adoption of the Small Scale Comprehensive Plan Amendment; establishing the legal status of the Small Scale Comprehensive Plan Amendment; providing a severability clause; and providing an effective date. Council Member Mullins moved introduction of Ordinance SOOM.• seconded by Council Member Ash. The motion passed with all members present voting "ave ". JPA Review -Robert Thompson Darren Gray, Assistant City Manager, commented that under the JPA all land use requests are forwarded to the City giving the ~ouncil an opportunity to make a recommendation to Lake County. 7 • City of Clermont MINUTES REGULAR COUNCIL MEETING December 14, 2004 Robert Thompson is the owner and the applicant is Steven Richey. The request is to rezone ftom Agriculture to R3. The project is 26 acres located east of Hancock Road. The purpose for rezoning isfor asingle-family density residential subdivision. Lake County has recommended approval with the condition for sewer hook up. The project has been approved by the Lake County Zoning Board on December 1 and will be heard by the County Commission for final approval on December 21, 2004. Applicant, Steve Richey was present to represent the group. The site is 26 acres which has 12 to 15 usable acres. It will be developed into 1/3 acre lots. The construction plans are being reviewed by staff and is anticipating central sewer. Robert Thompson, owner, stated the intent is to have an exclusive community with upscale homes. Council Member Renick questioned the idea of 12 - 15 usable acres as the entire area looks wet. Mr. Thompson confirmed there is dry land on the easterly line of the property to the lake at a distance of 180 to 200 feet of which the easterly line is approximately 20 feet above the lake. Council Member Mullins inquired whether the initial plan is to build the first homes on septic then hook up to sewer when it's available or will the sewer be there before the homes are built. Mr. Thompson stated their intent is to wait on the sewer line. .City Manager Saunders referred to the Verde Ridge line which has been approved by Lake County. The City Council has a Utility Agreement with them. The sewer and water plans are all in and will be returning to the Council with a Utility Agreement if they receive zoning approval from Lake County. The Council will then have the ability to condition the type of development. It is not currently contiguous but the Council will require an annexation agreement once it becomes contiguous. Steve Richey commented the intent is to develop like the other larger developments that are on septic except this will be on water and sewer. In that line, if tried to plat it to the septic standards, it could not be done on a temporary basis. It will be done simultaneously. The applicant received a request from a cattle owner in the area to do buiTering along his barn and the applicant agreed to do so. Council Member Renick apologized that she must have been looking at the wrong piece of property. Steve Richey noted under the current County code, they could put 4.5 units to the acre on the property. The request is for R3 which is 3 units to the acre at most. The applicant does not anticipate having more than 20 - 24 homes on 26 acres due to the layout. Mayor Turville expressed concern with the buffer agreement made between the property and the citrus. Mr. Thompson described the location of the barn with the placement of shrubberies around it. He estimated the first building to be at least 100 feet away from the barn. r~ 8 City of Clermont MINUTES REGULAR COUNCIL MEETING December 14, 2004 Steve Richey clarified the area surrounding barn is pasture and not citrus. Mayor Turville opened the Public Hearing. Charlene Forth questioned whether there is an eagle's nest in that area. She suggested having it checked before building. Mayor Turville closed the Public Hearing. Mayor noted the concerns being a request for an environmental audit and ensure an adequate buffer. City Manager Saunders emphasized these comments to Lake County are in regards to zoning and will come back to the Council for a Utility Agreement. At that time, the Council will have the opportunity to place conditions on the project. Steve Richey commented construction plans will be done by that time. City Manager Saunders described location with thoughts that the property could already be contiguous. Furthermore, Mr. Saunders stated the Council could require they annex before acquiring sewer but stated uncertainty of whether it is contiguous at this time. • Council Member Mullins moved to advise the County that we have no problem with the request but would like to see an environmental study and maximum bu,Q`ering to the Agriculture use; seconded by Council Member Ash. The motion passed with all members present voting "awe ". JPA Review -Calvary Church Inc. /Fusion Darren Gray, Assistant City Manager, briefed the Council on a request to rezone from Agriculture (A) to Community Facility District (CFD). The location is Lakeshore Drive and Hull Road and is approximately 8.1 acres. The applicant is requesting to develop a church and school on the property. Lake County staffrecommends approval. It was approved by the County Zoning Board on December 1 and be considered by the County Commission on December 21. Mayor Turville asked if their facility districts are qualified. City Manager Saunders commented that by approving the CFD designation, it allows different types of uses. He recommended Council condition it for the proposed use of the church and suggested they work closely with the City on any transportation issues. Mayor Turville opened the Public Hearing. There were no comments. Mayor Turville suggested the motion include conditioning the CFD to a church or a school and the transportation suggestion by City Manager Saunders. Council Member Mullins so moved as suggested by Mayor Turville • seconded by Council Member Ash. The • motion passed with all members present voting "aye ". 9 • Property Purchase City of'Clermont MINUTES REGULAR COUNCIL MEETING December 14, 2004 City Manager Saunders requested the Council table this item to the first meeting in January. A contract is being prepared to bring to the Council for approval. Council Member Mullins moved to table to January 11`"~ seconded by Council Member Good~ame. The motion passed with all members present voting "aye ". Cooper Memorial Library Staff prepared a letter to be sent to the Lake County Commissioners reflecting the City's interests and concerns as it relates to the Cooper Memorial Library. Council Member Mullins suggested additional language asking the County to respond. City Manager Saunders recommended language asking the County Commission to respond within the next 30 days. City Attorney Mantzazis suggested a minimal cost as opposed to no cost. The Council agreed with the recommendations. Mayor Turville stated this is the end of the published agenda and opened the floor for audience comments. • Charlene Forth addressed the Council regarding an azbitration decision between the City of Clermont and Police Officer Jeffrey Radi. Eloise Solstrom, 2535 Rollins Avenue, expressed concern with the issue of Religious Land Use and Institutionalized Persons Act of 2000 and how the City applies it. Mayor Turville asked staff to ensure we are in compliance. ADJOURN: With no further comments the meeting was adjourned at 9:14pm. `~ ~~ ;,~. "~~.$' °•~ ATTEST: ~,~„1 Tracy ckmyd, City rk <° "~~~,. APPROVED: ~'~ ayor Hazold Turville 10